Senator Elizabeth Warren is Deeply Worried About SCOTUS
Oct 7, 2023
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Elizabeth Warren joins Dahlia Lithwick to discuss the Supreme Court's stance on the Consumer Financial Protection Bureau. Investigative reporter Andrea Bernstein explains Leonard Leo's influence on reshaping the courts. The podcast also covers Trump's business fraud trial in New York City.
Leonard Leo has played a pivotal role in shaping the conservative legal movement and influencing the appointment of judges at both federal and state levels.
Leo's fundraising efforts and strategic litigation have contributed to the deregulation of the administrative state and the rollback of regulations on conservative values.
The influence of Leonard Leo and his conservative allies on the judiciary highlights the importance of a transparent and balanced judicial appointments process to protect individual rights and liberties.
Deep dives
Leonard Leo's Influence on the Conservative Legal Movement
Leonard Leo has been a key figure in the conservative legal movement, working behind the scenes to shape and promote conservative judges and justices. His efforts have focused on overturning Roe v. Wade, changing the way judges are selected in states, and rolling back regulations on the administrative state.
Seeding State Supreme Courts with Federalist Society Approved Justices
In addition to his work at the federal level, Leonard Leo has also focused on seeding state supreme courts with conservative, Federalist Society-approved justices. Through his networks and fundraising efforts, Leo has sought to influence the selection and appointment of judges at the state level, aiming to shape the composition of state courts to align with conservative values.
The Fishing Trip and the Effort to Roll Back Dodd-Frank
Leonard Leo has cultivated relationships with wealthy donors, such as Paul Singer, who have supported his efforts to shape the courts. One example is a fishing trip in 2008 that Justice Samuel Alito took with Singer and others. While the Supreme Court ruled in favor of Singer's company in a subsequent case, Leo's network of conservative groups and allies has been working to roll back regulations, such as those in Dodd-Frank, through strategic litigation and legal challenges.
The Power and Influence of Leonard Leo
Leonard Leo's work has had a profound impact on the conservative legal movement. Through his fundraising, networking, and strategic efforts, he has helped shape the composition of the federal and state judiciaries, advance conservative legal principles, and push for the deregulation of the administrative state. Despite operating largely behind the scenes, Leo's influence has been significant and far-reaching.
The Implications for Democracy and the Judiciary
The power and influence of Leonard Leo and his conservative allies in shaping the judiciary raises important questions about the role of money and ideology in our democracy. The concerted effort to stack the courts with ideologically-aligned judges and justices can have far-reaching consequences for legal rulings, public policy, and the protection of individual rights and liberties. It highlights the need for a transparent and accountable judicial appointments process that ensures balance and diversity on the bench.
Following oral arguments in a case aimed at demolishing Senator Elizabeth Warren’s brainchild - the Consumer Financial Protection Bureau, Dahlia Lithwick is joined by Senator Warren to talk about how far this Supreme Court is prepared to go to fulfill right wing deregulatory fantasies.
Next, Dahlia talks to investigative reporter Andrea Bernstein, part of the team behind We Don’t Talk About Leonard,a new podcast collaboration between ProPublica and On the Media. Andrea explains the mechanisms developed by Leonard Leo that have reshaped the courts over the past two decades, drawing a line from Leo’s state-level judicial influence campaigns, to that Alaskan fishing trip involving Justice Samuel Alito, to this week’s arguments in the payday loan case CFPB v CFSA.
In this week’s Amicus Plus segment, Andrea Bernstein sticks around to talk us through this week in court in New York City, in former President Donald Trump’s business fraud trial. Why did he choose to sit and glower and what did the limited gag order tell us about what the former President can rant about online and outside the court?
