Saturday, November 19, 2022

A Supreme Clue To A Supreme Mystery

Reporters Jodi Kantor and Jo Becker at the NY Times drop this account from a major player in right-wing religious conservative circles that the Supreme Court leaked the Hobby Lobby decision several years ago and strongly suggests that the decision, authored by Justice Samuel Alito as with the leaked Dobbs decision, may have been leaked by Alito himself.
 
As the Supreme Court investigates the extraordinary leak this spring of a draft opinion of the decision overturning Roe v. Wade, a former anti-abortion leader has come forward claiming that another breach occurred in a 2014 landmark case involving contraception and religious rights.

In a letter to Chief Justice John G. Roberts Jr. and in interviews with The New York Times, the Rev. Rob Schenck said he was told the outcome of the 2014 case weeks before it was announced. He used that information to prepare a public relations push, records show, and he said that at the last minute he tipped off the president of Hobby Lobby, the craft store chain owned by Christian evangelicals that was the winning party in the case.

Both court decisions were triumphs for conservatives and the religious right. Both majority opinions were written by Justice Samuel A. Alito Jr. But the leak of the draft opinion overturning the constitutional right to abortion was disclosed in the news media by Politico, setting off a national uproar. With Hobby Lobby, according to Mr. Schenck, the outcome was shared with only a handful of advocates.

Mr. Schenck’s allegation creates an unusual, contentious situation: a minister who spent years at the center of the anti-abortion movement, now turned whistle-blower; a denial by a sitting justice; and an institution that shows little outward sign of getting to the bottom of the recent leak of the abortion ruling or of following up on Mr. Schenck’s allegation.

The evidence for Mr. Schenck’s account of the breach has gaps. But in months of examining Mr. Schenck’s claims, The Times found a trail of contemporaneous emails and conversations that strongly suggested he knew the outcome and the author of the Hobby Lobby decision before it was made public.

Mr. Schenck, who used to lead an evangelical nonprofit in Washington, said he learned about the Hobby Lobby opinion because he had worked for years to exploit the court’s permeability. He gained access through faith, through favors traded with gatekeepers and through wealthy donors to his organization, abortion opponents whom he called “stealth missionaries.”

The minister’s account comes at a time of rising concerns about the court’s legitimacy. A majority of Americans are losing confidence in the institution, polls show, and its approval ratings are at a historic low. Critics charge that the court has become increasingly politicized, especially as a new conservative supermajority holds sway.

In May, after the draft opinion in the abortion case, Dobbs v. Jackson Women’s Health Organization, was leaked in what Justice Alito recently called “a grave betrayal,” the chief justice took the unusual step of ordering an investigation by the Supreme Court’s marshal. Two months later, Mr. Schenck sent his letter to Chief Justice Roberts, saying he believed his information about the Hobby Lobby case was relevant to the inquiry. He said he has not gotten any response.

In early June 2014, an Ohio couple who were Mr. Schenck’s star donors shared a meal with Justice Alito and his wife, Martha-Ann. A day later, Gayle Wright, one of the pair, contacted Mr. Schenck, according to an email reviewed by The Times. “Rob, if you want some interesting news please call. No emails,” she wrote.

Mr. Schenck said Mrs. Wright told him that the decision would be favorable to Hobby Lobby, and that Justice Alito had written the majority opinion. Three weeks later, that’s exactly what happened. The court ruled, in a 5-4 vote, that requiring family-owned corporations to pay for insurance covering contraception violated their religious freedoms. The decision would have major implications for birth control access, President Barack Obama’s new health care law and corporations’ ability to claim religious rights.

Justice Alito, in a statement issued through the court’s spokeswoman, denied disclosing the decision. He said that he and his wife shared a “casual and purely social relationship” with the Wrights, and did not dispute that the two couples ate together on June 3, 2014. But the justice said that the “allegation that the Wrights were told the outcome of the decision in the Hobby Lobby case, or the authorship of the opinion of the Court, by me or my wife, is completely false.”
 
Now, someone's obviously lying here, either Justice Alito or Rev. Schenck. The Times piece has a fair amount of evidence saying Alito is the one lying. Schenck has turned over a lot of documents to the Times showing his efforts to influence Justices Alito, Thomas, and at the time Scalia.

In other words, the Roberts Court is just as corrupt as I've been saying for years. What's very clear is that conservative justices on the court have been manipulated for a long time, and the campaign to do so has been successful beyond their wildest dreams, successful enough to begin the rollback of the entire last 60 years in civil rights.

THis is the real battle in America, and by and large it's already been lost.

The Propaganda Arm Of The GOP

As WaPo's Phillip Bump notes, now that the House GOP will be taking over, it's time for FOX News to settle back in as the party's official media outlet as it did 10 years ago.


There’s a pattern to the investigatory process here. Back in 2013 and 2014, with Republicans in control of the House, there were a slew of investigations into the terrorist attacks in Benghazi, Libya, in September 2012. That story drew a lot of attention on Fox News itself; there was an often-explicit feedback loop between the network and the focus of the investigations.

Those investigations got lucky: They discovered that Hillary Clinton, secretary of state at the time of the attacks, had been using a private email server while serving in the Cabinet. That spawned its own obsessive coverage, up until the day that Clinton lost her 2016 presidential bid to Trump.

This wasn’t a coincidence.

“Everybody thought Hillary Clinton was unbeatable, right?” Rep. Kevin McCarthy (R-Calif.) — probably the next speaker — said in 2015. “But we put together a Benghazi special committee, a select committee. What are her numbers today? Her numbers are dropping.”

Republicans were out of power in the House from 2019 to the present. But Fox News continued hammering themes that were picked up by GOP representatives.

One was that the investigation into Russian interference in the 2016 election was contrived or dishonest, something that prompted Fox News to spend a great deal of time talking about special counsel John Durham, tasked with investigating the investigation and proving rot in the Justice Department. He was unable to do so, but gave Fox News plenty to talk about.

The other theme was Hunter Biden and his laptop. (There was also a blip of Hunter Biden coverage back in 2019. This is when Fox News and Republicans — including Jordan — were trying to deflect the impeachment investigation into Trump by suggesting that his demand for Ukraine to investigate the Bidens was valid.) If you are a politician looking to make an appearance on Fox News or get the attention of a Fox News-watching audience, these are subjects that will probably do the trick.

It should go without saying that it is good for Congress to conduct investigations into presidents and other officials. That’s true even if the investigations are nakedly partisan; sometimes the sort of assumption of guilt that accompanies such probes unearths real wrongdoing that might otherwise have been overlooked. And there are legitimate questions about Hunter Biden’s business activities — though the Justice Department is currently looking at his actions, too.

The House Republican effort, though, can’t be separated from the eagerness with which members of the party’s caucus are explicitly appealing to the Fox News/right-wing-media echo chamber. After Thursday’s news conference, numerous observers scratched their heads about the timing: The party had just had that electoral underperformance thanks in part to a universe of rhetoric that mirrored what was being amplified at the news conference. In response, the party was pledging to use its power to double down on the claims from that universe?

Yes. In part because it fits with the pre-2016 and pre-2020 pattern of targeting a presidential opponent. And in part because doing so guarantees that Republican officials will get retweets and Fox News hits and coverage on the network that keeps them at the center of attention.

If they discover something nefarious along the way? Even better.
 
The real issue is how much the rest of the "liberal media" goes along to reinforce the narrative. If you remember the coverage of Hillay Clinton's email server for two years, you understand why she lost, and why Bump's own Washington Post assisted in that loss.
 
Trump was and is good for business for the media. Never forget that.