Dark Money-Financed Radical Left Already Playing Prominent Role In Supreme Court Vacancy

Last Year, Radical Left Wing Group Demand Justice Ran An ‘Aggressive’ Campaign Pressuring Justice Breyer To Leave The Court, Beginning The Day After Democrats Won A Senate Majority In January

“[A] new phase in an extraordinary year-long campaign was launched to pressure Breyer to rethink his loyalties and focus far more on the political party that helped secure his appointment and the court’s dwindling liberal minority. A group of Democratic operatives circulated an online petition. Activists protested his events. Op-eds appeared in newspapers. A truck circled the Supreme Court building with a billboard that read: ‘Breyer, retire.’ It was the start of a remarkably public push on the political left to pressure Breyer, 83, the high court’s oldest justice and one of its three liberals, to retire while Democrats controlled the White House and Senate and make way for a younger nominee installed by President Biden.” (“Inside The Campaign To Pressure Justice Stephen Breyer To Retire,” The Washington Post, 1/29/2022)

Politico Playbook: “Activists to Breyer: Give us your seat” (“Activists to Breyer: Give us your seat,” Politico Playbook, 4/09/2021)

“[T]he public pressure on Breyer has come mainly from advocacy organizations. The most aggressive has been Demand Justice, led by Brian Fallon, a former spokesman for Hillary Clinton and Obama’s Attorney General Eric Holder. Demand Justice first called for Breyer to step down in January. They’ve run an online petition and digital ads, hired a billboard truck to circle the Supreme Court building and organized open letters from law professors and progressive groups …” (Axios, 8/03/2021)

• “The results of the Georgia Senate runoffs aren’t yet final. But left-wing activists are already pressuring Supreme Court Justice Stephen Breyer to take advantage of a possible Democratic majority in the Senate and retire. Demand Justice, the group founded in 2018 as a progressive response to conservative organizing around the courts, praised Breyer in a statement to POLITICO but encouraged him to make way for a younger liberal replacement and to do it early in Joe Biden’s first term.” (“Liberals To Breyer: Time To Retire,” Politico, 1/06/2021)

“Demand Justice launched a new push [on April 9^th, 2021] for Justice Stephen Breyer to retire …” (Demand Justice, Press Release, 4/09/2021)

• BRIAN FALLON, Demand Justice Executive Director: “We are now firmly in the window when past justices have announced their retirement, so it’s officially worrisome that Justice Breyer has not said yet that he will step down. The only responsible choice for Justice Breyer is to immediately announce his retirement … We cannot afford to risk Democrats losing control of the Senate before a Biden nominee can be confirmed. Justice Breyer is not entitled to the benefit of the doubt at this point.” (Demand Justice, Press Release, 4/09/2021)

“Thirteen progressive groups on [June 16^th, 2021] will publicly call on Supreme Court Justice Stephen Breyer to step down to let President Joe Biden confirm his successor while Democrats control the Senate. ‘Supreme Court Justice Stephen Breyer should immediately announce his intent to retire from the bench,’ reads a forthcoming ad endorsed by national advocacy organizations including Demand Justice, Women’s March, Black Lives Matter and the Sunrise Movement…. Other organizations backing the ad are Ultraviolet, Justice Democrats, Battle Born Collective, Common Defense, We Testify, Take Back The Court Action Fund and the People’s Parity Project. Demand Justice, a progressive judicial advocacy organization, paid for the ad placement. The group has been leading the effort to pressure Breyer to retire.” (“13 Progressive Groups Urge Supreme Court Justice Stephen Breyer To Retire,” Huffington Post, 6/15/2021)

Demand Justice Even Paid For A Truck To Circle The Supreme Court, Demanding Breyer Step Down

“Demand Justice gets points for being direct. Their billboard truck set to circle the Supreme Court says: ‘Breyer, retire. It’s time for a Black woman Supreme Court justice. There’s no time to waste.’” (Huffington Post’s Jennifer Bendery, @jbendery, Twitter, 4/09/2021)

Over The Course Of The Year, Demand Justice’s Campaign Against Breyer Became More And More Strident

BRIAN FALLON, March: “My thought on the ship stuck in the Suez Canal is that Stephen Breyer should hurry up and retire.” (Brian Fallon, @brianfallon, Twitter, 3/27/2021)

• June: “Breyer needs to retire now.” (Demand Justice, @WeDemandJustice, Twitter, 6/30/2021)

• July: “This new report suggests Justice Breyer’s desire to stay is based less on a high-minded notion that he might somehow preserve the Court’s reputation for independence, and more on the fact that he finds it personally fulfilling to get the chance to serve in the role of the Court’s senior liberal. In other words, this is about ego.” (Demand Justice, Press Release, 7/15/2021)

DEMAND JUSTICE, June: “Tomorrow would be a very, very good day for Justice Breyer to announce he plans to retire!” (Demand Justice, @WeDemandJustice, Twitter, 6/30/2021)

• September: “It’s not complex. If you care about President Biden being able to apppoint your replacement, it’s long past time to announce your retirement, Justice Breyer.” (Demand Justice, @WeDemandJustice, Twitter, 9/09/2021)

• October: “Supreme Court Justice Stephen Breyer needs to retire now — or the country may be doomed” (Demand Justice, @WeDemandJustice, Twitter, 10/12/2021)

• “On a book tour last fall, [Justice Breyer] promoted his belief that politics should not intervene with the judiciary. During one stop in early October, held at the Smithsonian in Washington, Demand Justice organized a small group of hecklers to disrupt the event and hold signs calling on him to retire.” (“Inside The Campaign To Pressure Justice Stephen Breyer To Retire,” The Washington Post, 1/29/2022)

DEMAND JUSTICE-Sponsored Blog, September: “Bullying Stephen Breyer Is Good, Actually”

• “When Breyer’s nostalgia for cooperation and compromise is a delusion that entails such devastating real-world consequences, using it as the basis for a decision this important can only be ascribed to some combination of his arrogance and naïveté.” (Jay Willis, “Bullying Stephen Breyer Is Good, Actually, Balls And Strikes Blog, 9/29/2021)

• “Taken to its logical conclusion, this view would use his willful blindness as a perpetual shield against well-placed criticism. Giving him the kid-gloves treatment here is like deciding not to warn a stubborn homeowner about the tornado bearing down on them because they do not believe wind exists…. yelling at him to get his shit together before a 7-2 conservative super-supermajority comes to pass is your last, best hope.” (Jay Willis, “Bullying Stephen Breyer Is Good, Actually, Balls And Strikes Blog, 9/29/2021)

• “But if Stephen Breyer is really less likely to retire at this critical juncture in the Court’s history because he doesn’t like being told what to do or how to think, that’s a profound failure of responsibility, and it deserves to be called out loudly and unapologetically.” (Jay Willis, “Bullying Stephen Breyer Is Good, Actually, Balls And Strikes Blog, 9/29/2021)

When Justice Breyer Did Announce His Intention To Step Down, Demand Justice Celebrated

“Liberal groups have openly campaigned for Breyer to step down. In a statement, Brian Fallon, executive director of Demand Justice, described Breyer’s decision as a ‘relief.’ ‘Justice Breyer’s retirement is coming not a moment too soon, but now we must make sure our party remains united in support of confirming his successor,’ Fallon said.” (“Supreme Court Confirmation Fight To Make History In 50-50 Senate,” Politico, 1/26/2022)

“Headline at a website run by the Democratic dark money group DEMAND JUSTICE, which had waged a pressure campaign urging STEPHEN BREYER to step aside: ‘Stephen Breyer, Shamed By Your Tweets, Will Retire From Supreme Court’” (The New York Times’ Kenneth P. Vogel, @kenvogel, Twitter, 1/27/2022)

• DEMAND JUSTICE-Sponsored Blog: “Stephen Breyer, an 83-year-old Supreme Court justice who dabbles occasionally in fiction writing, will retire at the end of the Court’s current term. A formal announcement is expected soon; whether it will acknowledge that our collective contributions to the gushing fire hydrant of bullying tweets is directly responsible for this outcome remains to be seen.” (Jay Willis, “Stephen Breyer, Shamed By Your Tweets, Will Retire From Supreme Court,” Balls And Strikes Blog, 1/26/2022)

• DEMAND JUSTICE-Sponsored Blog: “We wish Stephen Breyer the happiest of retirements, when his alarmingly antiquated, deeply wrong views about the nature of his work will no longer pose an existential threat to basic freedoms, civil rights, and perhaps American democracy itself.” (Jay Willis, “Stephen Breyer, Shamed By Your Tweets, Will Retire From Supreme Court,” Balls And Strikes Blog, 1/26/2022)

“Demand Justice, which was publicly pressuring Justice Breyer to retire for months and drove a truck around DC that said as much on it, is now driving this truck around Capitol Hill today.” (Huffington Post’s Jennifer Bendery, @jbendery, Twitter, 1/28/2022)

Demand Justice Is Led By Former Schumer Staffer Brian Fallon Who Pushes Democrats ‘To Take A Bare-Knuckle Approach’ To Judicial Nominations

“The executive director of Demand Justice is Brian Fallon, a former top aide to Senate Minority Leader Chuck Schumer, D-N.Y., who later advised Hillary Clinton’s presidential campaign in 2016.” (“Millions From Anonymous Donors To Influence Kavanaugh Fight,” The Associated Press, 7/12/2018)

• BRIAN FALLON: “I learned from [Chuck Schumer] more than I’ve learned in any other job…. It was the most instructive opportunity and experience I’ve ever had. And I greatly respect and admire him.” (“How Hillary Clinton’s Press Secretary Self-Radicalized and Became a Resistance Leader,” The Daily Beast, 5/16/2019)

• “‘The lack of fire, the lack of urgency, is a tell that [Dianne Feinstein is] not going to be the person to take a bare-knuckle approach in the trenches,’ said Brian Fallon, a former senior Senate aide who founded the group Demand Justice to push the party left on the judiciary.” (“Progressives Target Dianne Feinstein As Head Of Senate Judiciary Committee,” San Francisco Chronicle, 7/06/2020)

And Two Key White House Staffers, Including ‘Biden’s Point Person On Judicial Nominations, Previously Worked For Demand Justice’

“President Biden’s White House has close ties to a left-wing dark money group that seeks to expand the Supreme Court. Both White House press secretary Jen Psaki and Paige Herwig, Biden’s point person on judicial nominations, previously worked for Demand Justice, which is part of a massive dark money network, the Sixteen Thirty Fund.” (“Inside Biden White House’s Ties To Dark Money Group Seeking To Pack Supreme Court,” Fox News, 4/08/2021)

• “Psaki worked as a ‘communications consultant’ for Demand Justice, according to her executive branch personnel financial disclosure report. She was also on the advisory board of Supreme Court Voter, which is a project of Demand Justice, although she didn’t disclose that specifically in her disclosure report. Meanwhile, Herwig was one of Demand Justice’s first hires and served as deputy chief counsel before moving to Facebook.” (“Inside Biden White House’s Ties To Dark Money Group Seeking To Pack Supreme Court,” Fox News, 4/08/2021)

REMINDER: Demand Justice Is One Of The Loudest Voices On The Left Advocating For Packing The Supreme Court

DEMAND JUSTICE: “With a 6-3 Republican supermajority, the Supreme Court is too biased in favor of special interests and Republican politicians. Our democracy is at risk from decisions that suppress the right to vote. Adding four seats is the solution—and we need your help to get it done. Congress can change the number of justices on the Court at any time with a simple piece of legislation, and it has done so many times throughout American history. Now, top Democrats have introduced a bill to add seats and restore balance, and more than 40 members of Congress have signed on in support.” (Demand Justice, Accessed 1/31/2022)

BRIAN FALLON: “At Demand Justice, we strongly believe that reforming the court — especially by expanding it — is the cornerstone for re-building American democracy… We are thrilled to work in coalition with the team at Pack the Courts to undo the politicization of the judiciary.” (“Progressive Activists Push 2020 Dems To Pack Supreme Court,” Politico, 2/25/2019)

• FALLON: “We need reform of the third branch of the government. We must look at expanding the number of justices on the Court to ensure a future Democratic president has the chance to fill two or more seats on the Court.” (Brian Fallon, Remarks, 12/05/2018)

Fallon endorsed legislation introduced by far left Democrats, including Sen. Ed Markey (D-MA), to pack the Supreme Court. (Sen. Markey, Press Release, 4/15/2022)

• FALLON: “Democrats are officially done being complacent about the courts…. Our goal is to build consensus for this plan as quickly as we have seen Democrats align around the need to abolish the Senate filibuster. Expanding the Court is every bit as necessary for restoring our democracy.”  (Sen. Markey, Press Release, 4/15/2022)

In Stark Contrast, Justice Breyer Has Warned Against ‘Structural Alteration Motivated By The Perception Of Political Influence’

“Emphasizing that the Supreme Court’s authority hinges on the public’s trust in the court, Justice Stephen Breyer used a speech on Tuesday at Harvard Law School to argue against efforts to expand the number of seats on the Supreme Court. The 82-year-old Breyer contended that public trust in the court rests in the public’s perception that ‘the court is guided by legal principle, not politics’ and would therefore be eroded if the court’s structure were changed in response to concerns about the influence of politics on the Supreme Court.” (Amy Howe, “In Harvard Speech, Breyer Speaks Out Against ‘Court Packing,’” SCOTUSblog, 4/07/2021)

• JUSTICE STEPHEN BREYER: “It is wrong to think of the Court as another political institution. And it is doubly wrong to think of its members as junior-league politicians…. Structural alteration motivated by the perception of political influence can only feed that perception, further eroding that trust. There are no shortcuts to it.” (“Justice Breyer Lays Out Opposition to Expanding Supreme Court,” The Wall Street Journal, 4/07/2021)

JUSTICE BREYER: “This lecture … reflects my own effort to be certain that those who debate [reform] proposals also consider an important institutional point, namely how would ‘court packing’ reflect and affect the rule of law itself.” (“Supreme Court Justice Stephen G. Breyer Cautions Against ‘The Peril Of Politics,’” Harvard Law Today, 4/07/2021)

• “Justice Breyer, speaking at Harvard Law School on Tuesday, said he hoped ‘to make those whose initial instincts may favor important structural (or other similar institutional) changes, such as forms of “court-packing,” think long and hard before embodying those changes in law,’ according to prepared remarks publicly released …” (“Justice Breyer Lays Out Opposition to Expanding Supreme Court,” The Wall Street Journal, 4/07/2021)

Demand Justice Is Funded By Left-Wing Dark Money Group The Sixteen Thirty Fund

“Demand Justice began as a project of the Sixteen Thirty Fund, a fiscal sponsor managed by consulting group Arabella Advisors that oversees one of the left’s largest dark money networks containing dozens of left-wing groups and initiatives. However, the group recently spun into its own legal entity. The initial setup allowed Demand Justice to operate mainly in secrecy. Because the Sixteen Thirty Fund acted as its fiscal sponsor by providing its tax and legal status to the group, Demand Justice was not required to file public documents such as tax forms to the IRS. The judicial group’s complete list of donors is unknown due to its relationship with the Sixteen Thirty Fund, and its recent break-off into its own nonprofit.” (“Biden Judicial Pick Pushed By Dark Money Group With Ties To Top White House Aide,” Fox News, 10/04/2021)

• “Demand Justice was formed [in 2018] and is structured in such a way that it doesn’t have to file annual tax returns. That’s because it’s ‘fiscally sponsored’ by a tax-exempt social welfare organization called the Sixteen Thirty Fund. The Sixteen Thirty Fund files federal tax returns but doesn’t have to disclose the identities of its donors.” (“Millions From Anonymous Donors To Influence Kavanaugh Fight,” The Associated Press, 7/12/2018)

• “Demand Justice’s legal setup, first reported by OpenSecrets, is more complex: the group is sponsored by the Sixteen Thirty Fund, a 501(c)(4) that has agreed to provide a legal home for the group. That means Demand Justice won’t be required to file its own 990 tax returns with the IRS, and donors to the group will disclose giving money to the Sixteen Thirty Fund rather than Demand Justice. That adds an additional layer of secrecy to who is giving to the group.” (“Millions Of Dollars In Supreme Court Ads Are Coming And We Won’t Know Who Paid For Them,” Huffington Post, 7/23/2018)

• “Demand Justice, a relatively new organization working against Trump judicial nominees, has promised to spend $5 million. The group is set up such that its funding is arguably even more opaque than the nonprofits against which it competes.” (Editorial, “Who Is Paying For The Next Supreme Court Justice?,” The Washington Post, 7/15/2018)

“Demand Justice, the courts-focused group helmed by former Hillary Clinton press secretary Brian Fallon, also ran out of Sixteen Thirty Fund. Demand Justice spent millions of dollars on TV ads as Democrats tried to prevent Brett Kavanaugh from being confirmed to the Supreme Court in 2018.” (“Documents Reveal Massive ‘Dark-Money’ Group Boosted Democrats In 2018,” Politico, 11/19/2020)

Demand Justice Also Got Millions From A ‘Nonprofit In Liberal Billionaire George Soros’s Network’

“[A] nonprofit in liberal billionaire George Soros’s network, the Open Society Policy Center, provided $2.6 million to Demand Justice around the time of its inception, its grants showed. Fallon also pitched the group behind closed doors to a secretive club of Democratic donors co-created by Soros, the Democracy Alliance, before its launch.” (“Biden Judicial Pick Pushed By Dark Money Group With Ties To Top White House Aide,” Fox News, 10/04/2021)

The Sixteen Thirty Fund ‘Boosted Democrats And Liberal Causes’ With ‘An Unprecedented Gusher Of Secret Money,’ ‘A Sign That Democrats And Allies Have Embraced The Methods Of Groups They Decried As “Dark Money” Earlier’

“A single, cryptically named entity that has served as a clearinghouse of undisclosed cash for the left, the Sixteen Thirty Fund, received mystery donations as large as $50 million and disseminated grants to more than 200 groups, while spending a total of $410 million in 2020 — more than the Democratic National Committee itself.” (“Democrats Decried Dark Money. Then They Won With It in 2020.,” The New York Times, 1/29/2022)

“The ‘green wave’ of campaign cash that boosted Democrats and liberal causes in 2018 included an unprecedented gusher of secret money, new documents obtained by POLITICO show. The Sixteen Thirty Fund, a little-known nonprofit headquartered in Washington, spent $141 million on more than 100 left-leaning causes during the midterm election year, according to a new tax filing from the group. The money contributed to efforts ranging from fighting Supreme Court Justice Brett Kavanaugh and other Trump judicial nominees …” (“Documents Reveal Massive ‘Dark-Money’ Group Boosted Democrats In 2018,” Politico, 11/19/2020)

• “The Sixteen Thirty Fund’s rise [in 2018] is a sign that Democrats and allies have embraced the methods of groups they decried as ‘dark money’ earlier [in the] decade …” (“Documents Reveal Massive ‘Dark-Money’ Group Boosted Democrats In 2018,” Politico, 11/19/2020)

THE WASHINGTON POST EDITORIAL BOARD: “The Sixteen Thirty Fund is a social welfare group under section 501(c)(4) of the tax code and, as such, does not have to reveal its donors to the public, in contrast to political action committees that report to the Federal Election Commission, including the super PACs that are independent of candidates…. According to the Politico report, a single donor to the Sixteen Thirty Fund gave $51.7 million, a second donor gave $26.7 million, and a third donated $10 million. Who are these donors? The public will not find out.” (Editorial, The Washington Post, 11/21/2019)

• “The fund distributed cash to causes such as television ads opposing the nomination of Brett M. Kavanaugh to the Supreme Court, as well as ads that focused on issues such as health care and the economy. At least indirectly, the fund’s spending helped Democrats take back the House. The fund also poured money into other nonprofit groups active in state politics.” (Editorial, The Washington Post, 11/21/2019)