07.08.24

Egged On By Court-Packing Radicals, Democrats Unleash A Torrent Of Outrageous, Unhinged Rhetoric At The Supreme Court

The Second The Court Makes A Decision Elected Democrats Don’t Like, They Respond With Outrageous Unhinged Rhetoric, Attacking The Court, Undermining Its Legitimacy, And Threatening Court Packing

SENATE REPUBLICAN LEADER MITCH McCONNELL (R-KY): “For months now, the Justices of the Court have been the subject of an uptick in pearl-clutching and hysterics from the political Left and their media allies…. But no matter which headline is chosen as pretext on any given day, it’s the same old intimidation campaign by the Left to undermine the Court. By their own example, Senate Democrats have repeatedly told the American people that the entire federal judiciary exists for no other reason than to fulfill their changing political whims. They’ve threatened Justices by name from the steps of the Court and threatened the institution itself in unfriendly amicus briefs. In each instance, Democrats have signaled their open disdain for a body that refuses to interpret the Constitution through the lens of their Party’s platform. They’ve shown how afraid they are of a Court that upholds our laws as they were written. And they’ve exposed their profound misunderstanding of the Supreme Court’s purpose in our republic.” (Sen. McConnell, Remarks, 7/19/2023)

AXIOS: ‘Democrats vow to get ‘aggressive’ with SCOTUS after Trump ruling’ (Axios, 7/01/2024)

 

One Veteran House Democrat Disgustingly And Shamefully Joked About Dispatching ‘The Military To Take Out The Conservative Justices’

REP. ZOE LOFGREN (D-CA), House Judiciary Committee Member: “I guess, you know, theoretically, President Biden, acting within the scope of his official duties, could dispatch the military to take out the conservative justices on the [Supreme] Court, and he’d be immune. Think so?” (MSNBC’s “Deadline: White House,” 7/01/2024)

 

Senate Democrats Launched A Torrent Of Invective, Accusing The Justices Of Being ‘Rogue, Untethered, And Damaging,’ ‘Deeply Corrupt,’ And ‘Nakedly Partisan Hacks’

SENATE MAJORITY LEADER CHUCK SCHUMER (D-NY): “This disgraceful decision by the MAGA SCOTUS … undermines SCOTUS’s credibility and suggests political influence trumps all in our courts today.” (Sen. Schumer, @SenSchumer, Twitter, 7/01/2024)

SEN. SHELDON WHITEHOUSE (D-RI), Senate Judiciary Committee Member: “We face three huge threats: persistent internal attacks on our democracy, unbridled climate upheaval, and a captured Court with some deeply corrupt justices…. We are in a war for our future and we should behave that way.” (Sen. Whitehouse, @SenWhitehouse, Twitter, 7/01/2024)

SEN. RICHARD BLUMENTHAL (D-CT), Senate Judiciary Committee Member: “My stomach turns with fear and anger that our democracy can be so endangered by an out-of-control Court. The members of Court’s conservative majority will now be rightly perceived by the American people as extreme and nakedly partisan hacks – politicians in robes.” (Sen. Blumenthal, Press Release, 7/01/2024)

SEN. PETER WELCH (D-VT), Senate Judiciary Committee Member: “This Court has lost all credibility—made painfully clear by the fact that Justice Thomas and Justice Alito refused to recuse themselves from this case despite their glaring lack of impartiality.” (Sen. Welch, Press Release, 7/01/2024)

SEN. ALEX PADILLA (D-CA), Senate Judiciary Committee Member: “Today, former President Trump’s handpicked justices have cast aside our nation’s bedrock principle of the rule of law … Before today, America’s judicial system was rooted in the simple but fundamental principle that no one is above the law.” (Sen. Padilla, Press Release, 7/01/2024)

SEN. RON WYDEN (D-OR): “Today’s Supreme Court decision on presidential immunity adds to the sordid record of dangerous decisions by this court’s nakedly partisan majority that take a wrecking ball to the pillars of American democracy.” (Sen. Wyden, @RonWyden, Twitter, 7/01/2024)

SEN. ED MARKEY (D-MA): “The far-right extremist majority has politicized our highest court [and] undermined its legitimacy … This is a rogue, untethered, and damaging Supreme Court. MAGA extremist justices also are ignoring the festering corruption in their ranks. We need justices committed to justice. Stolen seats filled with partisan hacks lead to alarming results. Today’s ruling is devastating to our democracy. We must reclaim the stolen seats, restore balance and legitimacy to the Court, and begin to undo the damage the MAGA Republican party has wrought.” (Sen. Markey, Press Release, 7/01/2024)

SEN. JEFF MERKLEY (D-OR): “This is a naked power grab by the corrupt MAGA Supreme Court….     The Court’s goal is to make themselves a super legislature that can impose the MAGA agenda of maximizing corporate power … This Supreme Court decision is a direct assault on government ‘of, by, and for the people’ and clarifies who the Court really works for—the privileged and the powerful. The Court’s attack on the separation of powers is also a direct assault on our Constitution. Today is a dark day for our republic and the well-being of our citizens.” (Sen. Merkley, Press Release, 6/28/2024)

 

Multiple Democrat Senators Called Outright For Packing The Supreme Court

SEN. ELIZABETH WARREN (D-MA): “Donald Trump and Mitch McConnell stole two seats on the Supreme Court, and we’re living with the consequences. I’ve said it before and I’ll say it again: it’s time to expand the Court.” (Sen. Warren, @SenWarren, Twitter, 7/02/2024)

SEN. TINA SMITH (D-MN): “This Supreme Court is beholden to right-wing groups and the billionaire mega-donors that fund them. The Supreme Court is broken. The remedy is clear. Expand the Court.” (Sen. Smith, @SenTinaSmith, Twitter, 7/01/2024)

SEN. BERNIE SANDERS (I-VT): “These are just some of the dangerous rulings from a right-wing, corporate-sponsored Supreme Court that continues to serve an extremist agenda. If these conservative justices want to make public policy, they should simply quit the Supreme Court and run for political office. At a time of massive income and wealth inequality, billionaire control of our political system, and major threats to the foundations of American democracy, it is clear to me that we need real Supreme Court reform.” (Sen. Sanders, Press Release, 7/01/2024)

 

Not To Be Outdone, House Democrats Threatened Impeachment And Court Packing

HOUSE DEMOCRATIC LEADER HAKEEM JEFFRIES (D-NY): “House Democrats will engage in aggressive oversight and legislative activity with respect to the Supreme Court to ensure that the extreme, far-right justices in the majority are brought into compliance with the Constitution.” (Rep. Jeffires, Press Release, 7/01/2024)

FORMER SPEAKER NANCY PELOSI (D-CA): “Today, the Supreme Court has gone rogue with its decision … The Supreme Court placed itself on trial with this decision – and its credibility has been further diminished in the eyes of all those who believe in the rule of law.” (Rep. Pelosi, Press Release, 7/01/2024)

REP. ALEXANDRIA OCASIO-CORTEZ (D-NY): “The Supreme Court has become consumed by a corruption crisis beyond its control. Today’s ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture. I intend on filing articles of impeachment upon our return.” (Rep. Ocasio-Cortez, @AOC, Twitter, 7/01/2024)

REP. HANK JOHNSON (D-GA), House Judiciary Committee Member: “This ruling, and this session of the court, has been brutally assaultive on democracy and the rule of law, and we must expand the court and pass term limits to protect what constitutional order remains intact.” (Rep. Johnson, Press Release, 7/01/2024)

REP. BONNIE WATSON COLEMAN (D-NJ): “We must take all available measures to reign in the increasingly unfettered power of this radical court, including a binding code of ethics and expanding the number of justices. Six people who were never elected cannot be allowed to continue destroying our democracy.” (Rep. Watson Coleman, Press Release, 7/01/2024)

 

Far-Left Dark Money Court-Packing Advocacy Group Demand Justice Announced It Will Spend $10 Million Attacking The Supreme Court Through The End Of The Year

“Demand Justice, a progressive judicial advocacy group, is mounting a major effort to advocate for Supreme Court reforms … According to plans first shared with POLITICO, the group intends to spend $10 million by the end of this year on a range of activities, from conducting opposition research on potential Supreme Court picks to advocating for ethics reforms for the high court. It will also work to mobilize key constituencies … Demand Justice also aims to elevate the court as a major voting issue in the 2024 election.” (“Progressive Advocacy Group Plans $10M Offensive Targeting Supreme Court,” Politico, 7/02/2024)

“Demand Justice has led an unsuccessful push to expand the Supreme Court since its founding in 2016 …” (“Progressive Advocacy Group Plans $10M Offensive Targeting Supreme Court,” Politico, 7/02/2024)

·       “Now, multiple court reform groups are working to build an advocacy ecosystem … The new organizations include Court Accountability, an oversight group created last summer that was a leading endorser of a measure that would prohibit justices from receiving gifts worth more than $50. United for Democracy, meanwhile, is a new umbrella organization meant to bring together many traditional liberal grassroots groups around court reform.” (“Progressive Advocacy Group Plans $10M Offensive Targeting Supreme Court,” Politico, 7/02/2024)

Over The Past Year, Demand Justice And Other Far-Left Special Interest Groups Have Been Pushing Democrats To ‘Go Beyond Just Disagreeing With The Court’s Decisions And Attack It As An Institution’ In Order To Pave The Way For Packing The Court

“[P]rogressive activists and leading members of [the Democratic Party] have been urging: Go beyond just disagreeing with the court’s decisions and attack it as an institution. Single out its six conservative justices as corrupt MAGA Republicans who are in the pocket of special interests. Question the conservative court’s very legitimacy.” (The New York Times, 7/13/2023)

“Adam Green, the co-founder of the Progressive Change Campaign Committee, has urged Democratic politicians to accuse the court of having a ‘legitimacy crisis.’ ‘We’d like to amplify anyone who uses this corruption/legitimacy messaging,’ Mr. Green wrote to lawmakers a few weeks ago. ‘Do you think your office can work this line into public statements as decisions come down?’ ‘Critiquing the institution, if done at a high crescendo, hopefully gets the court to be on their best behavior in the future,’ Mr. Green said.” (The New York Times, 7/13/2023)

“Brian Fallon is troubled by the impact of all the recent rulings, but he isn’t letting that distract him from trying to put in place the political foundation for a seismic change: expanding the number of justices on the Supreme Court … Five years ago, Fallon, who has previously held senior jobs with Senator Chuck Schumer, Attorney General Eric Holder, and 2016 presidential nominee Hillary Clinton, launched the advocacy group Demand Justice.” (Vanity Fair, 7/03/2023)

·       FALLON: “Our approach [at Demand Justice] has been to try to be an insurgent and say, No, the whole thing is not on the level. And the people that tell you otherwise are just captive to the institution…. Start taking on the court rhetorically as a political villain …” (Vanity Fair, 7/05/2022)

·       FALLON:SCOTUS leaks are good. Elite lawyers on both the left and right treating the Court as precious all these years have just been giving cover to an institution that is wholly unaccountable. Rip the veil off.” (Brian Fallon, @brianefallon, Twitter, 5/03/2022)

SARAH LIPTON-LUBET, President of Take Back the Court Action Fund: “With its utter disregard for ethics, constitutional precedent, and the health and wellbeing of Americans, the Supreme Court has lost the public’s trust. The only way to rebuild faith in the Court is to restore balance, integrity, and independence by adding seats.” (Sen. Markey, Press Release, 5/16/2023)

 

REMINDER: Demand Justice Is One Of The Most Vociferous Groups 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 2/02/2023)

DEMAND JUSTICE COFOUNDER 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)

Far-Left Dark Money Group The Sixteen Thirty Fund Created Demand Justice

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)

 

FLASHBACK: Democrat Senators Worked With Demand Justice To Attack The Nominations Of Justices Brett Kavanaugh And Amy Coney Barrett

“Multiple left-leaning dark money groups are spending millions in the final month before the election attacking Barrett…. Fix Our Senate, which OpenSecrets revealed is a project of dark money giant Sixteen Thirty Fund, published a new adThe night of Barrett’s nomination, Demand Justice, another group launched by Sixteen Thirty Fund, projected the word ‘SAVE HEALTH CARE’ on the Trump International Hotel in Washington, D.C. The group pledged to spend twice as much this year — $10 million — as they did in 2018 when Kavanaugh was nominated. Demand Justice was the left’s top spender in that confirmation fight.” (“Political Ads Bombard Airwaves In Battle Over Supreme Court,” OpenSecrets, 10/02/2020)

·       “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)

“As the Senate begins confirmation hearings to fill RBG’s seat, we must channel her unstoppable determination as we call on our senators to honor her dying wish that there be no confirmation until inauguration. Appearances by: Hillary Clinton, Nancy Pelosi, Stacey Abrams, Elizabeth Warren, Kirsten Gillibrand, Ayanna Pressley … Demand Justice © 2020” (Actionnetwork.org, Accessed 10/11/2020)

Senate Democrats Plotted ‘Behind Closed Doors’ And Rallied With Demand Justice To Attack Justice Kavanaugh

“[Sen. Chuck] Schumer [D-NY], [Sen. Bernie] Sanders [I-VT], and Sen. Dianne Feinstein (D-Calif.), the ranking Democrat on the Judiciary Committee, gathered behind closed doors inside the Capitol Tuesday afternoon with leaders of a vast constellation of liberal activist groups to strategize over the court battle. Among the attendees were Fallon, American Federation of Teachers President Randi Weingarten and Alliance for Justice President Nan Aron, a veteran of confirmation battles since the 1980s.” (“Republicans Express Confidence About Trump’s Supreme Court Pick; Democrats Plot Plan To Sink Him,” The Washington Post, 7/10/2018)

DEMAND JUSTICE: “We’re LIVE on the steps of the Supreme Court with U.S. Senator Kirsten Gillibrand, U.S. Senator Elizabeth Warren, Senator Edward J. Markey and U.S. Senator Kamala Harris demanding Democrats in the Senate #DitchtheList of Trump’s SCOTUS nominees.” (Demand Justice, Facebook, 6/28/2018)

 

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SENATE REPUBLICAN COMMUNICATIONS CENTER

Related Issues: House Democrats, Supreme Court, Senate Democrats