Behind The Smearing Of Justice Thomas And Justice Kavanaugh

On Thursday, Red State posted an article about the accidental revealing of the donors behind Fix the Court, the group that is behind the effort to remove Justice Thomas and was behind the smear of Justice Kavanaugh.

The article reports:

The leftist campaign to force Justice Clarence Thomas from the US Supreme Court let its inner clown out when the executive director of the AstroTurf smear group Fix the Court inadvertently released the names of its donors to a Washington Examiner reporter.

Fix the Court has not only been a player in the current attacks on Justice Thomas, but they were also a major participant in the smear campaign directed at Justice Brett Kavanaugh during his confirmation hearing.

It all started innocently enough with Washington Examiner reporter Gabe Kaminsky taking a deep dive into the finances of the fake groups trying to give the appearance of popular demand for Justice Thomas’ resignation. Kaminsky noticed that the New Venture Fund reported giving $111,677 to Fix the Court. On the other hand, Fix the Court did not file the required IRS Form 990 but used the truncated IRS Form 990-N used by non-profits raising less than $50,000. Kaminsky queried Fix the Court Executive Director Gabriel Roth about his violation of federal tax law.

…What the documents showed were two things. First, there is no widespread support for Fix the Court. In 2021, it received just over $290,000. Of that amount, $286,000 came from two grants: the previously mentioned $111,000 from the New Venture Fund and  $175,000 from the William and Flora Hewlett Foundation. In 2022, Fix the Court pulled in nearly $196,000. The three main contributors ponied up $185,000. The climate alarmist Rockefeller Brothers Fund gave $50,000, the Lebowitz-Aberly Family Foundation donated $35,000, and the big loser was the Weinberg McCann Foundation which was tapped for $100,000.

Why do I say big loser? Well, of the $486,000 Fix the Court has raised in the last two years, $242,000 went to its executive director as salary. In 2022, $162,000 of the $195,000 raised went into Mr. Roth’s pocket. As a result, Fix the Court looks much more like a jobs program for one guy with a website than a non-profit.

When you support an organization, it’s a good idea to check out where the money goes.

What Has Happened To Our Supreme Court?

As I am sure you remember, the Democrats have threatened to pack the Supreme Court if it rules against their agenda items (many of which are unconstitutional). That may explain why Chief Justice Roberts has made some very questionable rulings lately.

On March 8, The Federalist posted an article about a recent dissent by Chief Justice Roberts.

The article reports:

Chief Justice John Roberts was the only dissenter in the U.S Supreme Court’s most recent ruling favoring a couple of Christian students who challenged their university for restricting when, where, and how they could speak about their faith and disseminate materials on campus.

The article includes the following Tweet:

When have eight of the Supreme Court Justices agreed on anything?

The article at The Federalist summarizes the case:

Uzuegbunam et al. v. Preczewski et al. first materialized after Chike Uzuegbunam, a student at Georgia Gwinnett College, was stopped by campus police for handing out religious materials on campus, a reported violation of the school’s “Freedom of Expression Policy,” which limited distributions and other expressions to free speech zones only with permission from the administration. Even after Uzuegbunam moved to the designated areas with permission, however, campus police attempted to stop him from speaking and handing out religious literature, prompting him and another student, Joseph Bradford, to take legal action against the university for violating their First and 14th Amendment rights and seek nominal damages.

The students’ attempts to sue the school, however, were shot down by both a district court and the U.S. Court of Appeals for the 11th Circuit after Georgia Gwinnett College changed its “Freedom of Expression” policy to remove barriers on when and where students could speak on campus and filed a motion to dismiss the case as moot. The Supreme Court took up the case after Uzuegbunam and Bradford noted that their rights were still violated no matter what the university modified its policy to reflect and still required a ruling on nominal damages.

Justice Clarence Thomas authored the opinion of the court, agreeing with the students’ case.

The student’s First Amendment rights were violated. What other recourse did he have but to sue the school?

Unfortunately Sometimes Bullying Is Effective

Yesterday the Supreme Court refused to hear the case dealing with the Pennsylvania election challenge. The Conservative Treehouse posted an article about the decision and the possible reason for it. This is not good news for America.

The article reports:

In a 6-3 ruling today the U.S. Supreme Court has refused to grant writ to hear the Pennsylvania election challenge cases [pdf here – begin page 25].  While the majority of media will likely celebrate this decision; and while the court has refused to hear the case(s) based on their position the issues are “moot”; there appears to be an underlying motive  not being discussed.

It only takes four justices to agree to hear a case and grant a writ of certiorari.  In October 2020 the issues with the Pennsylvania court overruling the Pennsylvania legislature was of such importance four justices agreed to block the lower court order. However, four months later the majority claim the arguments within the case are “moot”;  & the election is over.

In essence the Roberts Court is saying they will allow any/all methods and manipulations of election law within states, and only look to the state outcome.  This is very troublesome.

The article continues:

Why would Justice Kavanaugh reverse his position?  In October the state action to supersede the Pennsylvania legislature was a hazard.  In February it is moot.

While it is never a good idea to look into the background of the court for motives, one cannot easily dismiss that Roberts, Kavanaugh and Barrett may have voted against the writ because they were concerned such a decision would cause the senate to start a process of “packing the court.”   Retaining the current number of justices within the court is more likely if the justices avoid triggering the consequences from the previous threat.

Justices’ Thomas, Alito and Gorsuch remained consistent with their earlier decisions to hear the cases and settle the disputes.  Barrett never weighed in on the October injunction, but Kavanaugh has completely reversed his position with his denial of the writ.

The article includes Justice Thomas’ statement:

Isn’t it interesting that when laws were broken and voting was questionable, no court in America has actually been willing to examine the evidence. Unfortunately, I suspect that this is only one of many bad decisions to come.

The Supreme Court Lost Their Copy Of The Constitution

Yesterday the Supreme Court ruled to uphold the DACA (Deferred Action for Childhood Arrivals) program. It’s interesting that they chose to uphold the program when President Obama, the author of the program, admitted various times that the program was illegal.

Yesterday PJ Media posted a list of the ten times President Obama declared that his creation of DACA was illegal. Please follow the link to the article for the details, but here is the basic list:

  1. During remarks at a 2010 Cinco de Mayo Celebration
  2. During remarks on comprehensive immigration reform at American University
  3. During an MTV/BET town hall meeting and a question-and-answer session
  4. During a radio interview with Univision
  5. During a Univision town hall
  6. During remarks at a Facebook town hall meeting and a question-and-answer session
  7. During the 2011 Miami Dade College commencement
  8. During remarks on comprehensive immigration reform at Chamizal National Memorial
  9. During remarks to the National Council of La Raza
  10. During a roundtable with questions from Yahoo!, MSN Latino, AOL Latino, and HuffPost Latino Voices

So a President who swore an oath to uphold the Constitution passed a law (a violation of the separation of powers) and now the Supreme Court is not willing to undo that law. That is another reason Americans think Washington has lost its way.

The Western Journal posted a screenshot of a tweet by The Daily Caller summarizing what Justice Thomas said in the dissent:

As usual, Justice Thomas got it right.