John,
Before the Supreme Court hears oral arguments in Moore v. United States, a case that could threaten Congress’s ability to fairly tax corporations and the ultra-wealthy, we’re calling on four justices to recuse themselves.
Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Chief Justice John Roberts each have clear conflicts of interest relating to this case.
Over a dozen existing tax laws are at stake—with trillions of dollars of revenue on the line. And billionaires and large corporations stand to benefit to the tune of billions of dollars in tax cuts each.
If the Supreme Court does the billionaires’ bidding, “the federal income tax could become largely voluntary for multinational corporations and sophisticated investors, and mandatory only for everyday Americans,” in the words of one tax expert.[1]
Add your name now and demand Justices Alito, Thomas, Gorsuch, and Roberts recuse themselves from Moore v US!
Justice Samuel Alito:
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Stands to personally profit through his stock ownership in 17 corporations that would collectively receive $30 billion in tax savings if the Court overturns long-standing precedent and strikes down the corporate repatriation tax nominally at the center of the case.[2][3]
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Accepted luxury travel valued at over $100,000 from hedge fund billionaire Paul Singer at the same time that Singer had a case before the Court. Alito neither disclosed the gifts nor recused himself from the case, which ultimately rewarded Singer with a $2.4 billion payout. [4]
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Has maintained close and lucrative ties with Singer, who now stands to profit handsomely from not only the Moore case this term, but also a separate case filed by predatory lenders challenging the Consumer Financial Protection Bureau.[5][6]
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Has deployed right-wing lawyer David Rivkin, Jr, to manage Alito’s PR crisis after his financial ties to Singer were exposed and, in the words of Senator Sheldon Whitehouse, to potentially “obstruct [a] congressional investigation into tens of thousands of dollars in gifts he, Alito, personally received and doesn’t want investigated.” All of this occurred at the same time that Rivkin was representing the Moores’ case before the Supreme Court.[7]
Justice Clarence Thomas:
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Has accepted lavish gifts and big cash payments from a small group of billionaires over the course of two decades, allowing him and his family to live in extreme luxury that they could never have afforded on their own, including: all-expenses paid travel on super yachts and private jets, secret all-male luxury retreats for the super-rich, swanky box suites at big-ticket events, major home renovations and property purchases, and even private school tuition for a close family member.[8][9][10][11][12]
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Has received “at least 38 destination vacations, 26 private jet flights, six helicopter flights, yacht voyages (including to the Bahamas), a dozen VIP passes to sporting events, and much, much more” from billionaires including Harlan Crow, David Sokol, Wayne Huizenga, and Paul Novelly—all of whom stand to profit enormously from a favorable decision in Moore.[13]
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Has received sizable cash transfers to Thomas’s wife, Ginni, from these same billionaires, funneled through various non-profits in coordination with Federalist Society Board Chair Leonard Leo.[14]
Justice Neil Gorsuch:
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Owes every step of his judicial career to one special patron, billionaire and GOP mega-donor Philip Anschutz, who helped young Gorsuch land a judgeship on the Tenth Circuit Court of Appeals during the George W. Bush administration over more qualified candidates, despite having never served as a judge before.[15][16]
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Was propelled to the top of Donald Trump’s short list of potential nominees for the Supreme Court after that same billionaire, Anschutz, made large donations to the Federalist Society, which drafted Trump’s list. Anschutz is also believed to have been the single anonymous donor who underwrote the Judicial Crisis Network’s $7 million campaign in 2016 to block President Obama’s Supreme Court nominee, Merrick Garland; and the $10 million campaign to confirm Gorsuch in 2017.[17] Notably, Anschutz’s first-ever donation ($500,000) to Mitch McConnell came exactly one day before McConnell blocked the Garland nomination for the seat that Gorsuch would be nominated for 10 months later.[18][19] Anschutz has a history of employing some of the same tricks to avoid paying taxes on his investment gains that are at stake in Moore. He lost last time, but that was before he owned a Supreme Court justice.[20]
Chief Justice John Roberts:
All four justices must recuse themselves based on blatant conflicts of interest in a case that stands to enrich themselves and their billionaire benefactors. Add your name now!
Thank you for taking action to hold the Supreme Court accountable to the American people, and to fight for a tax code that works for everyday people, not just the rich and corporations.
Sarah Christopherson
Legislative and Policy Director
Americans for Tax Fairness Action Fund
[1] Dramatic, Unintended Consequences
[2] Supreme Corporate Tax Giveaway: Who Would Benefit from the Roberts Court Striking Down the Mandatory Repatriation Tax?
[3] Moore Could Invalidate Decades of Tax Rules
[4] Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court
[5] Alito, Thomas Headlined Political Fundraisers Chaired By Leading Right-Wing Donor Paul Singer
[6] Report: Billionaire That Gifted Justice Alito Luxury Trip Holds At Least $90M in Financial Companies Overseen by CFPB
[7] THE SPEECH 24: THE ALITO COMPLAINT
[8] Clarence Thomas and the Billionaire
[9] Clarence Thomas Secretly Participated in Koch Network Donor Events
[10] Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel
[11] Billionaire Harlan Crow Bought Property From Clarence Thomas. The Justice Didn’t Disclose the Deal.
[12] Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition.
[13] The Supreme Court’s Next Big Tax Case Demands Clarence Thomas’ Recusal
[14] What Ginni Thomas and Leonard Leo wrought: How a justice’s wife and a key activist started a movement
[15] Anschutz recommends Gorsuch
[16] Little Scalia
[17] Report: Single donor gave $28.5 million to 'dark money' group touting Gorsuch for Supreme Court
[18] Federal Election Commission
[19] Republicans refuse to budge following Garland nomination to Supreme Court
[20] Billionaire Anschutz Loses Big Tax Case
[21] Supreme Corporate Tax Giveaway: Who Would Benefit from the Roberts Court Striking Down the Mandatory Repatriation Tax?
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