At a time of intensifying hope and anxiety over the direction of the Supreme Court, we take stock of how the lawmaking process and the judiciary have changed over the past fifty years with the mobilization and funneling of large amounts of money into the political realm; we focus especially on the little-known but pivotal "Powell Memo" of 1971, in which a lawyer for the Tobacco Institute decried the rising tide of attacks on the "free enterprise system" and proposed a coordinated counter-offensive by the business class that sounds uncannily close to our present reality. The Powell Memo forms a critical moment for understanding the intense politicization of judicial appointments, the ubiquity of political advertising on the airwaves and in print, and ironically, the recent rise of a new "anti-capitalist" radicalism.
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