The Political Scene | The New Yorker

Episode: The Dark Money Supreme Court

Date: July 1, 2023
Host: Evan Osnos with Susan Glasser & Jane Mayer

Episode Overview

This episode of "The Political Scene" explores the transformed role of the Supreme Court in American politics, the fallout from its decision overturning affirmative action, and the influence of so-called "dark money" and political operatives in installing a conservative supermajority. The panel—Evan Osnos, Susan Glasser, and Jane Mayer—delve into the personal dynamics among the justices, the strategic power moves behind the Court’s conservative tilt, and the public’s eroding trust in the institution. The discussion exposes the hidden network of money, influence, and activism driving the Court’s decisions and considers the profound impact on civil rights, American democracy, and future political movements.

Key Discussion Points and Insights

Naming the Current Court: Identity and Influence

• The Quest for a Name:
  • The episode opens with a discussion about what history will call the current Supreme Court:
    • Susan Glasser: Suggests it might no longer simply be the "Roberts Court," remarking that Chief Justice Roberts "has sort of lost the plot." (01:21)
    • Jane Mayer: Proposes "the Dark Money Court," emphasizing the covert financial forces that "bought and built" the current majority (01:41). Both Glasser and Osnos agree this moniker captures the new dynamic.

"This is the court that's good. That Dark Money. Bought and built." — Jane Mayer (01:46)

The End of Affirmative Action: Impact and Reactions

• Decision Dynamics:
  • Susan Glasser: Frames the affirmative action ruling as a parallel to the overruling of Roe v. Wade—"rolling back a right that Americans had for many decades." She highlights that the 6-3 split reflects the current conservative dominance (03:43).
  • The decision is described as not the conclusion of a matter, but the start of an intense new phase of American debate over race and equality (04:00).

"[This is] almost not the end of a story, but the beginning of a whole new, very robust and possibly very toxic debate in our society..." — Susan Glasser (04:00)

• Granular Effects:
  • Jane Mayer: Notes that Chief Justice Roberts left a narrow avenue for race to be considered: students can reflect on personal experiences with race in applications, but schools cannot use race as a group-level admissions policy (05:55). Mayer emphasizes the ruling’s message to corporate America that "they no longer need to" focus on diversity.
  • The power of education as "the passport to power" is underscored.

"There is no longer an affirmative policy that is considered constitutional... [yet] it is still possible on the individual level to discuss race." — Jane Mayer (06:55)

Personalization and Conflict among Justices

• Intra-Court Drama:
  • Evan Osnos & Susan Glasser: Note how unusually personal and direct the justices’ opinions and dissents became in this term, particularly the exchanges between Justices Ketanji Brown Jackson and Clarence Thomas (08:20, 08:59).
  • Jane Mayer: Describes Thomas's dissent as "patronizing" to Jackson, calling the back-and-forth "extraordinary" (10:34).

“[Thomas] said Jackson set out to 'label all blacks as victims'... Jackson responded... 'Justice Thomas, prolonged attacks, responds to a dissent I did not write… and ignites too many more straw men to list or fully extinguish.'” — Evan Osnos (11:53)

• Fallout:
  • Marks a break in decorum, with justices now omitting the traditional “I respectfully dissent,” foreshadowing further politicization and mutual distrust (09:46).

Political and Public Ramifications

• Impact on Voters and Perception:
  • Glasser: Points out that affirmative action is less politically popular than abortion rights, but the public “disapproves more of the Court stepping in to change it” (13:32).
  • Mayer: Introduces polling data showing majorities disapprove of the Court acting as an unelected institution overturning policies (15:36).
  • Public trust in the Court is "in overall decline," with President Biden calling it "not a normal court" (14:50).

“I think where you see is a broad disillusionment with the Court, a sense that... [it] has sort of moved decisively into one part of our political spectrum.” — Susan Glasser (13:47)

The Strategic Conservative Project: Dark Money & Leonard Leo

• Leonard Leo and the Federalist Society:
  • Mayer outlines Leo’s role:
    • The “formative force behind the Federalist Society” and “running a network of dark money groups” that have shaped the nomination and confirmation of conservative justices (19:16, 20:33).
    • Instrumental in drawing up Trump’s Supreme Court shortlist.
    • Portrayed as a "shadow justice" and the architect of a half-century project to roll back 20th-century reforms (21:54, 21:58).
  • Rad Trad Catholicism:
    • Leo’s radically traditionalist Catholic worldview seeks to weaken the “administrative state,” dismantle church-state separation, and roll back social reforms (21:58).

“He wants to roll back, I think, the last century of reform… Break down the wall between church and state and try to bring America back to sort of a more old fashioned way of life.” — Jane Mayer (21:58)

• Tactical Alliances:
  • Described as orchestrating an alliance of Christian right groups and corporate interests for maximum influence (22:45).

Ground Reporting: Leonard Leo in Maine

• Public Backlash in an Elite Enclave:
  • Mayer: Reports from Northeast Harbor, Maine, where Leo owns homes; describes local protests and the polarization surrounding his presence in the small, elite town (25:05).
  • Illustrates how Leo, usually a low-profile operative, has become a symbol of larger national tensions.

“Into their midst has come Leonard Leo... getting a ton of attention because he’s very Catholic. He’s been walking with a priest in full cassock and with a bodyguard because people have become so polarized around him.” — Jane Mayer (25:41)

Legal Entrepreneurs: Edward Blum and Conservative Strategy

• Edward Blum:
  • Not a lawyer but a "political legal entrepreneur" behind eight major lawsuits aiming to reshape civil rights protections (27:54).
  • Uses carefully selected “plaintiffs of convenience” as the face for legal challenges, mirroring civil rights era strategies, but to reverse those gains (30:28).
  • Funded by a vast network—including an unprecedented $1.6B donation.

“It’s a money story... This is a gigantic pot of money.” — Jane Mayer (29:08)

The Court’s Legitimacy Crisis

• Declining Approval and Historical Shift:
  • Osnos & Glasser: Discuss whether the Court will ever return to being seen as an apolitical institution, concluding that its role as a central political player is likely permanent (35:31, 36:36).
  • Mayer: Raises questions about whether Democrats will mount an organized response, noting reluctance due to institutional reverence for the Court (34:00).

"We are at risk of becoming a singularly unpopular institution." — Evan Osnos (32:00)

The Road Ahead: Church-State Fights, Rights Rollback, and Democratic Response

• Issues Coming Down the Line:

  • Mayer: Predicts increased action in breaking down the church-state wall due to the religious makeup of the Court (38:57).
  • Glasser: Points to key future battlegrounds between federal vs. state power, and the risk of further rights reversals (38:55).

• Accountability and Scrutiny:

  • The episode concludes with recognition that the Court’s new prominence will bring more exposure to the justices’ backgrounds, their benefactors, and the financial networks supporting them (39:56).

“There’s sort of a pulling back of the robes, and I think we’re in that era.” — Jane Mayer (39:53)

Notable Quotes & Memorable Moments

• "This is the court that's good. That Dark Money. Bought and built."
  — Jane Mayer (01:46)

• "Just a simple declaration from our conservative justices doesn't make equality."
  — Susan Glasser (04:23)

• "The education is the passport to power. And these elite universities are especially the passport to power."
  — Jane Mayer (07:54)

• "Always read the footnotes. That's where you get all the good stuff."
  — Susan Glasser (12:37)

• "The radical politics by the Court is going to become quite controversial."
  — Jane Mayer (15:46)

• "[Leonard Leo] has been the sort of the formative force behind the Federalist Society, and... a network of dark money groups... that have unknown funders pouring money into the idea of taking over the courts from a conservative standpoint in the country."
  — Jane Mayer (20:33)

• "What the right has done is... taken the playbook from the civil rights movement... only to roll back the entire sort of civil rights era."
  — Jane Mayer (30:28)

• "We are at risk of becoming a singularly unpopular institution."
  — Evan Osnos (32:00)

• "There's sort of a pulling back of the robes, and I think we're in that era."
  — Jane Mayer (39:53)

Major Timestamps

• 01:15 — Panel discusses what to call this era of the Supreme Court
• 03:43 — Analysis of the affirmative action decision
• 08:20 — Personal dynamics and sniping among justices
• 13:32 — Political implications and public opinion
• 19:16 — The roles of Trump, McConnell, and Leonard Leo
• 21:58 — The Federalist Society’s vision; “rad trad” Catholic ideology
• 25:05 — Jane Mayer’s on-the-ground reporting from Maine
• 27:54 — The influence of Edward Blum and legal activism
• 32:11 — Will the court’s legitimacy survive?
• 36:36 — Is there any going back to an apolitical Supreme Court?
• 38:57 — Anticipating further battles over church-state separation

Conclusion

"The Dark Money Supreme Court" episode exposes the deliberate decades-long strategy—and the unseen streams of cash, activism, and ideology—behind the Supreme Court’s rightward lurch. The hosts offer an unflinching assessment: the modern Court is not just conservative, but the product of a coordinated and well-funded movement to overturn generations of progress on civil rights and government oversight. As trust in the institution plummets, the panel suggests, the consequences—for law, politics, and society—are only beginning to unfold.