Far-Left Dark Money Group Demand Justice Gets Their Supreme Court Nominee

Far-Left Dark Money Group Demand Justice Has Been Promoting Judge Jackson For Years

“Fox News confirmed Friday morning that [President] Biden will choose [Ketanji Brown] Jackson for the seat of retiring Justice Stephen Breyer … Jackson was pushed for the Supreme Court nomination – and before that for her circuit court post – by activists associated with the progressive judicial group Demand Justice.” (“Who is Biden Supreme Court nominee Ketanji Brown Jackson?,” Fox News, 2/25/2022)

During The 2020 Campaign, Demand Justice Added Judge Jackson To The Group’s Own Shortlist For Potential Supreme Court Nominees For Joe Biden

“Even before Ginsburg’s death, progressive judicial advocacy groups, like Demand Justice, were readying a list of suggested women for Biden’s shortlist… The Black women newly added to Demand Justice’s Supreme Court shortlist are… U.S. District Court for the District of Columbia Judge Ketanji Brown Jackson” (“Will Biden’s Pledge To Nominate A Black Woman To The Supreme Court Mobilize Voters?”, The 19^th, 9/16/2020)

• Judge Ketanji Brown Jackson was listed on “Demand Justice’s Supreme Court Shortlist.” (“Demand Justice’s Supreme Court Shortlist,” Demand Justice Website, Accessed 2/25/2022)

Within A Day Of Democrats Capturing The Senate Majority In 2021, Demand Justice Was Pressuring Justice Breyer To Retire And Promoting Judge Jackson To Replace Him

“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)

“Progressives are already eyeing the D.C. Circuit seat that Merrick Garland would vacate if he becomes Biden’s attorney general as a potential springboard for a future [Supreme Court] justice. Biden said on Thursday he’d move promptly to fill Garland’s seat following confirmation. ‘Georgia results resolve the concerns about Garland’s DC circuit seat,’ Brian Fallon, executive director of Demand Justice, a progressive group pushing for aggressive approach to judicial confirmations, tweeted Wednesday. ‘Time to elevate Ketanji Brown Jackson?’” (“Justice Breyer Pressured to Retire, Make Room for Biden Pick,” Bloomberg Law, 1/07/2021)

Even Before President Biden Officially Nominated Judge Jackson For The D.C. Circuit Court Of Appeals, Demand Justice Was Already Pushing For Her To Be Elevated To The Supreme Court

“The expected nomination of District Court Judge Ketanji Brown Jackson to replace Merrick Garland on the D.C. Circuit Court of Appeals could be a precursor to another promotion for her — fulfilling Biden’s campaign promise to choose a Black woman for a seat on the Supreme Court…. Court-focused progressive advocates expect she’ll be picked, although they say they haven’t been told it directly. And they’re not only preparing to support her candidacy for the appeals court seat, but also a potential Supreme Court vacancy on the horizon…. The progressive judicial group Demand Justice says it is preparing materials, research documents and social media videos to defend Jackson in preparation for an announcement.” (“Biden Poised To Announce First Wave Of Nominations To Reshape U.S. Courts, NBC News, 3/18/2021)

• DEMAND JUSTICE EXECUTIVE DIRECTOR BRIAN FALLON: “If [Jackson] is picked for the D.C. Circuit, I’d expect her stay there to be rather brief, because I’d expect her to be the lead candidate for a Supreme Court vacancy in the event that Justice Breyer retires.” (“Biden Poised To Announce First Wave Of Nominations To Reshape U.S. Courts, NBC News, 3/18/2021)

DEMAND JUSTICE: “Judge Ketanji Brown Jackson is a rising star whose time on the Court of Appeals may prove a stepping stone. She and the other public defenders and civil rights lawyers in this group are exactly the kind of judges we need …” (Demand Justice, Press Release, 3/30/2021)

Demand Justice Even ‘Launched A Six-Figure’ Ad Campaign To Support Her Nomination For The D.C. Circuit

“Courts-focused Democrats see Jackson as being on the shortlist, if not a front-runner, for a Supreme Court vacancy should one open up during the Biden administration…. The courts-focused liberal group Demand Justice has elevated Jackson in a recent ad campaign to build support for her among Black audiences.” (“Senate Confirms Ketanji Brown Jackson To Be Judge On Powerful Appeals Court,” NBC News, 7/14/2021)

“Demand Justice has launched a six-figure, digital and radio ad campaign reaching Black audiences to build support for the confirmation of Judge Ketanji Brown Jackson to the D.C. Circuit.” (Demand Justice, Press Release, 6/07/2021)

Demand Justice’s Advocacy For Judge Jackson Was So Loud And Well-Known That The Issue Came Up In Judge Jackson’s Confirmation Hearing For The D.C. Circuit

SEN. CHUCK GRASSLEY (R-IA), Senate Judiciary Committee Ranking Member: “The fact is that the far-left group Demand Justice, which seems to be in charge of the judicial selections in this Administration, says you can tell what kind of judge someone will be by their clients. They strongly support Judge Jackson …” (U.S. Senate Judiciary Committee Hearing, 4/28/2021)

SEN. JOHN CORNYN (R-TX): “I just want to ask you, first of all, are you familiar with an organization called Demand Justice?”
JUDGE KETANJI BROWN JACKSON: “Senator, I know of Demand Justice, yes.”
SEN. CORNYN: “And do you know that they are spending money to promote candidates, your nomination to this circuit court?”
JUDGE JACKSON: “If you mean by advertising or placements in various publications, I’m aware of that.” (U.S. Senate Judiciary Committee Hearing, 4/28/2021)

Just Two Days Ago, Demand Justice Sent A Letter To The White House ‘Unmistakably Crafted To Boost Jackson’ And ‘Has Already Produced Ads To Support Jackson’

“President Joe Biden is on the cusp of picking a Supreme Court nominee, and a dozen progressive groups are revealing their preferred candidate among the finalists: U.S. Appeals Court Judge Ketanji Brown Jackson. In a Wednesday letter to Biden led by the courts-focused Demand Justice, the 12 groups nudge him to nominate someone with a background working as a public defender or in civil rights…. Although they didn’t name names, the letter appears unmistakably crafted to boost Jackson, who is currently a judge on the U.S. Court of Appeals for the District of Columbia Circuit, in the final stretch before a decision. Demand Justice has already produced ads to support Jackson in case she’s chosen, a source familiar with the matter said.” (“Liberals Gather In Ketanji Brown Jackson’s Corner As Biden’s Supreme Court Decision Nears,” NBC News, 2/23/2022)

• “The left-leaning groups that signed the letter — which also include MoveOn, Indivisible, Justice Democrats and Demos — noted the Biden White House’s push to put more public defenders and civil rights lawyers on the courts …” (“Liberals Gather In Ketanji Brown Jackson’s Corner As Biden’s Supreme Court Decision Nears,” NBC News, 2/23/2022)

FLASHBACK: Last Year, Demand Justice Ran An ‘Aggressive’ Campaign Pressuring Justice Breyer To Leave The Supreme 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)

“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)

Demand Justice Has Significant Connections To Senate Democrats And The Biden White House

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)

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 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)

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)