The Ideological Takeover of the Judiciary Grinds On

Dear Group,

In the writhing froth of media attention that Trump constantly feeds, we might all be pardoned for missing an important story that surfaced only briefly in mid-October. This article appeared in the New York Times on October 18, "A Conservative Group’s Closed-Door ‘Training’ of Judicial Clerks Draws Concern"

I have previously cited the Federalist Society's takeover of the vetting process for Republican judicial nominees starting with Reagan. The prospective nominees, nearly all men, put forward by the Federalist Society don't appear fully formed out of thin air. They are selected and nurtured by and for the far right. The Times article sheds light on the closed-door indoctrination offered by The Heritage Foundation, the "Conservative Group" in the title of the article. The Heritage Foundation is one of the first formed (1973) of conservative "think tanks" among a growing web of tax exempt non-profits established by wealthy donors in response to the Powell Memorandum (1971), Lewis Powell's blueprint exhorting corporations to push back against the Consumer Movement of the 1960s.

The first two paragraphs of the New York Times article are chilling. I've reproduced them below. They reveal much about the strategy to take over full control of the judiciary [the bold is mine]:

The closed-door “training academy” was aimed at a select group: recent law school graduates who had secured prestigious clerkships with federal judges. It was organized by the Heritage Foundation, a conservative group that has played a leading role in moving the courts to the right, and it had some unusual requirements.

“Generous donors,” the application materials said, were making “a significant financial investment in each and every attendee.” In exchange, the future law clerks would be required to promise to keep the program’s teaching materials secret and pledge not to use what they learned “for any purpose contrary to the mission or interest of the Heritage Foundation.”

Of course, it should be no surprise the Heritage Foundation would endeavor to identify, nurture, and lead "recent law school graduates," especially any who might already demonstrate conservative, business-friendly tendencies, The chilling part is the "promise," essentially a loyalty oath, to keep the contents of the all-expense-paid training academy a "secret" and never to use the them in any way contrary to the Heritage Foundation. What is the Heritage Foundation teaching prospective judges that they wished not to leak out to media? Can you imagine the hue and cry on the Right if a mainstream liberal organization were to require a loyalty oath of seminar attendees?

"Generous donors?" The Heritage Foundation, organized as a "charitable organization," a 501(c)(3), can shield its donors' identities, regardless of an overtly political agenda. Names like DeVos, Olin, and Bradley, families that figure prominently in Jane Mayer's book "Dark Money" are identified as pivotal contributors to a annual cash flow approaching a hundred million dollars.

What was the response of the Heritage Foundation to this revelation in the New York Times?

...a few hours after The New York Times published an online article about the training, Heritage announced that it was suspending the program.

“Heritage is re-evaluating the Federal Clerkship Training Academy,” Greg Scott, a spokesman for the group, said in a statement. “As a result, the program will not go on as scheduled."

That's essentially, "Oh my! It is a bit embarrassing that got out. Let's sweep it quickly under the rug in the hope it won't dominate the news cycle or penetrate the popular consciousness." So the Federal Clerkship Training Academy "won't go on as scheduled." What does that mean? Will there be a name change, a schedule change, what exactly?

There was a time I had confidence there were mechanisms in civil society that would properly deal with this sort of thing, mechanisms that would work without my involvement. I no longer have that confidence. I once thought the Heritage Foundation was an intellectually honest conservative organization dedicated to civil discourse. I no long think that either.

We are in the midst of a so-far-bloodless government takeover attempt. The foundation for the takeover has been painstakingly laid over decades. Trump, with his tactics of sidelining, demonizing, belittling, and even firing all who stand in his way, has shone light on a movement not quite ready for full exposure to what until recently was a sleepy, disengaged electorate. The results of the midterms last week suggest many are awakening to the danger he and his most rabid followers represent to the fabric of our society and government.

We were the frogs slowly warming in the cooking pot prepared by the Heritage Foundation, the Washington Policy Center, and their like. Then Trump came along and abruptly turned up the heat. It is time to wake up and jump out--or boil.

We will live with the results of McConnell's flood of conservative judicial appointees for decades. Short of a counter-revolution, the only pushback is to use our votes to take back the legislative and executive branches of the local, state, and federal governments.

Keep to the high ground,

Jerry