Friends — happy (almost) new year.
If you enjoyed this edition of Full Court Press, I hope you’ll consider chipping in to support our work to expand the Supreme Court to put power back where it belongs – with the people.

Friends — happy (almost) new year.

 

I hope you’re looking at some well-deserved time to rest and recharge in the days ahead.

While I’m hoping to temporarily turn off my news alerts — at least for a few days — I’m also staying realistic. If this year has taught me anything, it’s that the second I look away from my phone, I’ll miss some breaking new evidence of major corruption at the Supreme Court. (Bad news for my holiday plans, worse news for our already broken judiciary.)

 

But I’m getting ahead of myself. As we wrap up our work these next few days, I want to highlight some important stories that may have gotten lost in your inbox between Cyber Monday deals and automated “out of office” responses — as well as share a reminder of what’s coming up at the court in 2024.

 

Thank you, as always, for reading. Our team at Take Back the Court is endlessly grateful to have your support in the fight to reform and rebalance the court, in 2023 and beyond.

 

Court Chatter

NYT | Behind the Scenes at the Dismantling of Roe v. Wade

 

"To dismantle that decision, Justice Alito and others had to push hard, the records and interviews show. Some steps, like his apparent selective preview of the draft opinion, were time-honored ones. But in overturning Roe, the court set aside more than precedent: It tested the boundaries of how cases are decided.”

 

NBC | Portland protesters were beaten, shot at and snatched. Years later, they are frustrated by legal blockades to accountability.

 

"But not a single federal officer on the Portland streets at that time has been held individually accountable for alleged constitutional violations over claims brought by David and other protesters. In fact, courts have not had a chance to assess whether constitutional violations even occurred.

"That is thanks to the intervention of the Supreme Court, which in a series of rulings has created an accountability-free environment in which federal officials interacting with the public on a daily basis, whether it be a bureaucrat sitting behind a desk, a corrections officer in prison or an FBI agent conducting a raid, can violate people’s constitutional rights with impunity.”

 

The Hill | House Democrats call on Thomas to recuse himself from Trump immunity case

 

"'If you want to show the American people that the Supreme Court’s recent Code of Conduct is worth more than the paper it is written on, you must do the honorable thing and recuse yourself from any decisions in the case of United States v. Trump,’ the House members wrote in their letter to Thomas.”

 

On the Docket: Abortion Rights (... Again)

When it comes to abortion rights, we’re in a mess of the right-wing supermajority’s own making. 

A year and a half after the Supreme Court overturned Roe v. Wade, it announced it will hear another abortion rights case — this time with potential to reverse the FDA’s 20+ year-long approval of the abortion drug mifepristone.

Let’s be abundantly clear about a few things: 

  1. Mifepristone is safe, effective, and essential;
  2. About half of all abortions in the U.S. include the use of mifepristone; and
  3. Mifepristone boasts a more than 99% safety record when used by eligible patients seeking to end early pregnancies. 

But none of this stopped Trump-appointed right-wing activists on the Fifth Circuit from trying to strip away people’s ability to access mifepristone earlier this year. And now the same unelected Supreme Court justices who overturned 50 years of precedent in Dobbs have an opportunity to affirm the Fifth Circuit’s dangerous ruling.

We’re still waiting for the court to announce when it will hear oral arguments in the case, FDA v. Alliance for Hippocratic Medicine. But like always, we’ll be sure to keep you up to date with all the developments as these cases progress. 

 

And if you’re interested in reading up on the even more nitty gritty details, you can keep up with our writings about this case and others on our Substack.

 

Let the Record Show: Before the Lavish Vacations, Clarence Thomas Lobbied for a Pay Raise

Folks, it’s a hard life being a Supreme Court justice. Sure, you’re unelected. You’re totally unaccountable. And you have job security for the rest of your life. But what’s the point of being one of the most powerful people in the country if you can’t also make boatloads (or should I say yachtloads...) of money every year?

 

That’s the question with which Clarence Thomas was apparently wrestling nearly ten years into his Supreme Court tenure, according to a new ProPublica report. Indeed, Thomas suggested to a right-wing member of Congress in 2000 that “one or more justices” might soon resign from their posts if the justices didn’t get a pay bump.

Conservative efforts to increase justice salaries and lift the ban on justices giving paid speeches didn’t ultimately make it through Congress. But we all know conservative stakeholders soon found a way around that: wealthy right-wing benefactors could simply subsidize Thomas' lavish lifestyle.

 

When your billionaire friends can pay for your international island-hopping vacations, flights on a private jet, private school tuition for your great-nephew, and more, why bother with a formal pay raise?

 

The story is a fitting end to a year pockmarked by damning reports of corruption at the Supreme Court — and a stark reminder of the necessity of our collective work. Rest up and stay tuned, because 2024 is going to be a roller coaster. We'll be here by your side to keep you informed and engaged, and most importantly, to give you opportunities to act.

 

If you enjoyed this edition of Full Court Press, I hope you’ll consider chipping in to support our work to expand the Supreme Court to put power back where it belongs – with the people.