Master Plan Podcast: "Rise of the Machine" Episode Summary
Podcast Information:
- Title: Master Plan
- Host/Author: The Lever
- Episode: Rise of the Machine
- Release Date: October 1, 2024
- Website: www.masterplanpodcast.com
Introduction
In the premiere episode of "Master Plan," titled "Rise of the Machine," host David Sirota delves deep into the orchestrated strategy that transformed the U.S. judiciary into a bastion of conservative ideology. Drawing from an extensive transcript and exclusive documents, Sirota unveils the meticulous efforts of wealthy individuals and political ideologues to reshape American democracy over the past five decades.
The Conservative Judicial Strategy
The episode opens with a discussion on recent controversial Supreme Court rulings, highlighting the court's conservative tilt. Jeffrey Toobin notes, “The conservative majority once again flexing its clout...” (00:51), setting the stage for an exploration of how the judiciary has become a tool for entrenched wealth to influence public policy.
Sirota posits that the transformation of the Supreme Court into what some call a "kleptocracy" is not a series of isolated events but a coordinated effort spanning over fifty years. This narrative challenges the notion of judicial independence, suggesting instead that the court serves the interests of the elite at the expense of the broader public.
The Federalist Society's Rise
A pivotal moment in the episode is the examination of the Federalist Society, an organization that emerged in the early 1980s following the 1971 Powell Memo. Ronald Reagan's speech in 1988 underscores the society's foundational goals: “The judiciary may be the most important instrument for social, economic and political change” (13:09). Initially perceived as a fringe group advocating for constitutional originalism, the Federalist Society rapidly expanded, embedding itself within law schools and cultivating a network of conservative legal minds.
Leonard Leo, a central figure in this movement, is portrayed as a master planner whose efforts were instrumental in steering the judiciary towards a rigidly conservative stance. The Lever reveals how significant financial backing from oligarchs like Richard Mellon Scaife and the Koch brothers fueled the Federalist Society's expansion and influence.
The Bork Nomination and Its Aftermath
One of the episode's focal points is the failed Supreme Court nomination of Robert Bork in 1987. Bork's confirmation hearing became a defining moment for the conservative legal movement. Despite his extensive credentials, Bork was vehemently opposed by Democrats who framed him as a figure devoid of empathy and progressive values: “There is no room at the Inn for blacks and no place in the Constitution for women” (16:46).
This rejection galvanized the Federalist Society, embedding the term “Borked” into conservative vernacular as a symbol of unfair attacks on ideological beliefs. Ed Meese recalls, “We don't want to appoint anyone other than sure things sure conservative votes to the Supreme Court” (12:17), highlighting the resolve to ensure future nominees aligned strictly with conservative doctrines.
Clarence Thomas and the Deepening of the Strategy
Following Bork's defeat, Clarence Thomas emerged as the next Supreme Court nominee, embodying the Federalist Society's ideals. The episode details his confirmation process, marred by allegations of sexual harassment from Anita Hill. Thomas reframed these attacks as part of a larger conspiracy against conservative judges: “This is a circus. It's a national disgrace...” (20:23).
Leonard Leo's role in coordinating support for Thomas is emphasized, showcasing the Federalist Society's sophisticated tactics in managing public perception and ensuring successful confirmations despite mounting opposition.
The Bush Era Judicial Push
The transition to George W. Bush’s presidency marked a significant escalation in the conservative judicial agenda. With Bush’s affirmation, “I believe in strict constructionists. And those are the kind of judges I will appoint” (24:05), the Federalist Society under Leonard Leo intensified its efforts to nominate and confirm conservative judges across all federal courts.
John Roberts, a key figure, is introduced as the embodiment of the forward-looking judicial machine: “Judges are like umpires... They make sure everybody plays by the rules” (06:57). Roberts’ strategic placement as Chief Justice is portrayed as a critical step in ensuring the judiciary's ideological alignment.
Email Revelations and Behind-the-Scenes Tactics
A significant portion of the episode uncovers leaked internal emails revealing the depth of coordination within the Bush administration. Leonard Leo’s interactions, often abbreviated as “bk,” demonstrate a meticulous and relentless push for judicial confirmations: “These activists, backed by huge money, were pleading for a high profile, jaw-dropping presidential act of some kind” (35:06).
These communications expose the integration of the Federalist Society within the White House, illustrating how they maneuvered to bypass traditional vetting processes, such as the American Bar Association, which they systematically sought to undermine.
The 2002 Midterms and the Judicial Confirmation Push
The 2002 midterm elections emerged as a battleground for the conservative judicial agenda. With Republicans regaining control of the Senate, Bush seized the opportunity to push forward with stringent judicial nominations. The episode recounts a strategic retreat at the Turf Valley Resort, where Leonard Leo and allies crafted the “Judicial Confirmation Action Plan.” This comprehensive strategy aimed not only at selecting nominees but also at launching extensive public campaigns to secure their confirmations.
John Roberts' eventual nomination and swift confirmation, devoid of opposition (50:24), is highlighted as a triumph of the conservative legal machine. This success emboldened the Federalist Society to continue its aggressive push, now incorporating the Christian Right to amplify their influence.
Conclusion and Path Forward
"Rise of the Machine" concludes by setting the stage for future episodes, hinting at continued battles over judicial nominations and the strategic targeting of key Senate Democrats. The episode underscores the Federalist Society's evolution from a campus debate club to an all-powerful judicial force, fundamentally altering the American legal landscape.
Notable Quotes:
- John Roberts: “Judges are like umpires... They make sure everybody, everybody plays by the rules. But it is a limited role.” (06:54)
- Clarence Thomas: “This is a circus. It's a national disgrace...” (20:23)
- Ed Meese: “No more suitors. We don't want to appoint anyone other than sure things sure conservative votes to the Supreme Court.” (12:17)
- President George W. Bush: “I believe in strict constructionists. And those are the kind of judges I will appoint.” (24:05)
- Leonard Leo: “We start with young, talented law students...” (21:45)
Key Takeaways:
- Strategic Infiltration: The Federalist Society systematically embedded itself within the judiciary and the White House to ensure the appointment of ideologically aligned judges.
- Financial Backing: Wealthy donors and oligarchs played a crucial role in funding and supporting the Federalist Society’s expansion.
- Definitive Failures and Motivated Successes: The rejection of Robert Bork served as a catalyst, strengthening the resolve to secure future nominees like Clarence Thomas and John Roberts.
- Bypassing Traditional Gatekeepers: Efforts to undermine institutions like the American Bar Association facilitated the unchallenged confirmation of conservative judges.
- Comprehensive Strategy: The formation of groups like Progress for America and actions such as the Judicial Confirmation Action Plan exemplify the multifaceted approach to reshaping the judiciary.
- Long-Term Vision: The episode illustrates a long-term plan aiming to transform the judiciary into a permanent conservative stronghold, impacting legislation and public policy for generations.
Next Episode Preview: The episode concludes by teasing the next installment, which will explore the targeting of Senate Democrats and further consolidation of conservative power within the judiciary, all set against the backdrop of South Dakota’s political landscape.
Credits:
- Written by: Jared Jakang Mehr and David Sirota
- Production Team: Laura Krantz, Ula Culpa, Arjun Singh, Ronnie Riccabening
- Editor: Ron Doyle
- Fact-Checking: Chris Walker
- Original Music: Nick Byron Campbell
- Mixing: Louis Weeks
- Special Thanks: Jeffrey Toobin and Lisa Graves
Listen and Subscribe: Master Plan is available on Apple Podcasts, Spotify, iHeartRadio, YouTube, and other major platforms. For ad-free episodes, exclusive bonus content, and full access to The Lever’s investigative archives, visit Levernews.com to subscribe.