Maintaining an independent and ethical Supreme Court / edited by Daniel L. Snyder.

Format:

Book

Contributor:

Snyder, Daniel L., editor.

Series:

Government Procedures and Operations Series

Language:

English

Subjects (All):

Public interest law--United States.

Public interest law.

Court rules.

Legal ethics.

Physical Description:

1 online resource (304 pages)

Edition:

1st ed.

Place of Publication:

New York, NY : Nova Science Publishers, Inc., [2023]

Summary:

The issue of the politicization of our cherished court system is an important one. At a time when our Constitution is under attack and our fundamental rights hang in the balance, the sanctity of the third branch is essential to the preservation of our fragile democracy. An independent and accountable court system is essential to a free and fair democratic society.

Contents:

Intro

Contents

Preface

Chapter 1

Maintaining Judicial Independence and the Rule of Law: Examining the Causes and Consequences of Court Capture0F*

Testimony of Hon. Sheldon Whitehouse

Captured Courts: The GOP's Big Money Assault on the Constitution, Our Independent Judiciary, and the Rule of Law

Executive Summary

How Did We Get Here?

The Federalist Society

Chief Justice Roberts' Right-Wing Rout

Follow the Money

Shredding Senate Norms

Why Does It Matter?

Rigging the Game: How the "Conservative Legal Movement" Has Rewritten Federal Law to Favor the Rich and Powerful

Playing the Long Game: The Right's 50-Year Project to Capture the Courts

Growth of the Conservative Legal Movement

The New Judicial Activism

Originalism Is a Political Project, Not a Legal or Constitutional One

A Right-Wing Rout at the Supreme Court

Follow the Money: The Federalist Society, Leonard Leo, and How Special-Interest Money Dominates Our Courts

Rise of the Federalist Society

The Federalist Society Chooses Our Judges

Shadow Justice: Leonard Leo and the 250 Million Dark Money Judicial Influence Machine

Behind the Veil: Understanding Leo's Secret Influence Machine

The Big Money Donors

Koch Industries/Charles &amp

David Koch Foundations

The Scaife Foundations

The Lynde and Harry Bradley Foundation

U.S. Chamber of Commerce

The Front Groups

DonorsTrust

CRC Advisors

BH Group/Fund

Freedom and Opportunity Fund &amp

America Engaged

Political Operatives

The Brain Trust

The Federalist Society: Pathways to Judicial Influence

The Heritage Foundation

Pacific Legal Foundation (PLF)

U.S. Chamber of Commerce Litigation Center

George Mason University Law School

Judicial Lobbying: Special-Interest "Friends of the Court".

Advise and Capitulate: How Mitch McConnell's Broken Senate Confirmation Process Helps Republicans and the Big-Money Donors Behind Them

Betraying the Vision of Our Founders

Converting the Senate into a Legislative Graveyard

Conclusion

So How Should We Think About All This?

Policy Essay: Dark Money and U.S. Courts: The Problem and Solutions, Senator Sheldon Whitehouse136F*

Introduction

Corporations, Then and Now

The Corporate Influence Machine Targets Article III Courts

The Apparatus of Capture

Results at the Court

Proposed Solutions: Bringing Transparency to the Judiciary

Anonymous Amici Curiae

Judicial Travel and Hospitality

Supreme Court Transparency

Supreme Court Records

DISCLOSE Act for Judicial Nominations

Testimony by Senator Sheldon Whitehouse

Testimony of Tom Ginsburg

Written Testimony by Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School Research Fellow, American Bar Foundation

Background

How Did We Get Here? And What Can Be Done?

Judges in a Democracy

Testimony of Ilya Shapiro

Written Testimony by Ilya Shapiro, Director, Robert A. Levy Center for Constitutional Studies Cato Institute

A Bit of History

Advisory Opinion 117 and the Federalist Society

The Judicial Ads Act and "Dark Money"

Court "Capture" and Court-Packing

Where Do We Go from Here?

Shelby County and the Vindication of Martin Luther King's Dream

An Assessment of Minority Voting Rights Obstacles in the United States

About Ilya Shapiro

About the Cato Institute

The Battle for the Constitution: Term Limits Won't Fix the Court

Norm Ornstein: Why the Supreme Court Needs Term Limits

Richart L. Hasen: The Supreme Court May No Longer Have the Legitimacy to Resolve a Disputed Election

About the Author.

Testimony of Judge Nancy Gertner (Ret.)

Written Testimony of Judge Nancy Gertner (Ret.)

The Appearance of Bias

Judicial Selection Prior to the Trump Administration

Judicial Selection in the Trump Administration

Testimony of Amanda Hollis-Brusky

WrittenTestimony ofAmanda Hollis-Brusky, Ph.D. Associate Professor of Politics Pomona College, Claremont, CA

Don't Confirm Scalia's Replacement Until After the Election

Network of News Sites Must Register as a Political Committee due to Democratic Links, Complaint Alleges

Advertising

Trump's Reelection Effort Has Officially Spent More Than 1 Billion, a Record Sum at This Point in the Campaign

Legal Complaint Alleges Trump Campaign, Fundraising Committee Shielded Millions in Payments

Exclusive: Democratic Senator Hopes Liberal Dark Money Groups Donate to His Campaign

Democratic Bill Would Require Dark Money Judicial Groups to Reveal Donors

Key Points

Newsroom or PAC? Liberal Group Muddies Online Information Wars

Wealthy Donors Pour Millions into Fight over Mail-in Voting

Left's Point Person for Post-Election Violence Prep Linked to Arabella Advisors

Documents Reveal Massive 'Dark-Money' Group Boosted Democrats in 2018

Democrats Used to Rail Against 'Dark Money.' Now They're Better at It Than the GOP

'Arms Race'

Taking Dark Money to New Levels

Schumer-Tied PAC Received 1.7 Million from Dark Money Group

Whitehouse Blames 'Dark Money' for Why He Raised so Much for '18 Campaign

U.S. Senator Sheldon Whitehouse of Rhode Island Raised a Large Amount of Money for His Re-Election Campaign Last Year. Whitehouse Said the Untraceable Campaign Spending Known as Dark Money Made Him Do It

Methodology

Rep. Andy Biggs: Trump, Nominate RBG Replacement Now - Here's Why It's So Important.

Public Interest Litigation, Senator Whitehouse, and the Kavanaugh Hearings

Facebook Cracks down on 'Fake News' Sites, Including Far-Left Operation Funded by Dark Money

'Courier Newsroom is a fake news operation,' former Nevada Attorney General Adam Laxalt says

Courier Newsroom Targets Battleground States' Voters with Democratic Talking Points Billed as News

Liberal 'Dark Money' Groups Outspent Conservative Ones in 2018 Elections

Chapter 2

Supreme Court Ethics Reform: The Need for an Ethics Code and Additional Transparency438F*

An Overview of Ethical Regulation of Federal Judges

Recommendations

1. Adopt a Code of Conduct

2. Provide Reasons for Recusal Decisions

3. Refine Gift Rules and Enhance Disclosures

About the Authors

About the Brennan Center's Democracy Program

Acknowledgments

Index

Blank Page.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Snyder, Daniel L. Maintaining an Independent and Ethical Supreme Court

ISBN:

979-88-911-3054-8