Keeping them happy and in line
I recommend this entire profile of Leonard Leo and how effectively he uses his dark money (much of it donated by billionaires who by remarkable coincidence happen to be close personal friends with Clarence Thomas.) Leo’s impact is not only in rigorously screening judges to weed out ideological heterodoxy on core issues, but in making life good for justices who turn out to be reliable:
Roberts’ confirmation was swiftly followed with yet another Supreme Court opening. Bush at first nominated his counsel, Harriet Miers. Conservatives — Leo’s allies — protested: Her resume was thin, her views on abortion suspect. Bush soon withdrew her nomination and offered a hard-right conservative: Samuel Alito. JCN ran yet more ads.
At a 2006 Federalist Society gala, Leo introduced now-Justice Alito to rapturous applause. He also made light of the group’s growing influence over judicial selection, which had drawn suspicions from Democrats. “It is a pleasure to stand before 1,500 of the most little known and elusive of that secret society or conspiracy we call the Federalist Society,” he said. “You may pick up your subpoenas on the way out.”
One of the first things a visitor sees upon entering the Catholic Information Center in downtown Washington is a painting of a smiling young girl. Jesus Christ stands above her, eyes closed and a hand on her head. The girl is identified as “Margaret of McLean.” Margaret was Leo’s oldest child, who died in 2007 from complications related to spina bifida when she was 14 years old. Leo has said that his faith was deepened by Margaret’s life and death.
The Catholic Information Center is a bookstore, event space and place of worship. Its location in the nation’s capital is no accident: On its website, the center boasts that it is the closest tabernacle to the White House. Leo is a major supporter of the CIC, and its unabashed projection of political power aligns with the central role of religion in Leo’s political project. Standing at the nexus of the conservative legal movement and the religious right, Leo forged a connection with several of the Supreme Court’s conservative justices, who shared a deep Catholic faith and a legal ideology with Leo. Antonin Scalia, Leo has said, became “like an uncle.” Thomas is a godfather to one of Leo’s daughters and keeps a drawing by Margaret in his chambers. Leo has dined and traveled with Alito, displaying in his office a framed photo of himself, Alito and Alito’s wife, Martha-Ann, standing outside the Palace of Versailles.
George Conway saw this courtship firsthand. Before he became one of the most prominent “Never Trumpers,” Conway had been a veteran of the conservative movement. He served on the Federalist Society Board of Visitors, donated to the group and was briefly considered for a top position in the Trump Justice Department. His then-wife, Kellyanne Conway, was a prominent pollster who later managed Trump’s 2016 presidential campaign.
From his rarefied position, Conway watched Leo become what he called a “den mother” to the justices. In liberal Washington, conservatives — even the most powerful ones — believed themselves to be misunderstood and unfairly maligned. Leo saw it as his responsibility, Conway said, to help take care of the judges even after they had made it to the highest court in the country. “There was always a concern that Scalia or Thomas would say, ‘Fuck it,’ and quit the job and go make way more money at Jones Day or somewhere else,” Conway said, referring to the powerful conservative law firm. “Part of what Leonard does is he tries to keep them happy so they stay on the job.”
The amazing thing about the confirmation of the man who would write the blog that overtired Roe v. Wade is that Leo was able to sell the idea that Alito was a reasonable moderate to much of the press while conservative legal elites behind the scenes knew they had gotten a robotic reactionary on the Court. And the latter means that the reporters and reporters who got Alito wrong had absolutely no excuse.