This past Wednesday, Senator Sheldon Whitehouse (D‐Trial Lawyers) held his first hearing as chairman of the Senate Judiciary Committee’s Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights. It won’t be a surprise to anyone following Whitehouse’s career that the hearing was called “What’s Wrong with the Supreme Court: The Big‐Money Assault on Our Judiciary.”
The operative framework was that our courts have been “captured” by dark money and that groups who file
amicus curiae (“friend of the court”) briefs dance to the tune of corporate donors. But there’s no evidence that judges do anything other than apply the law as they see it. Nor is there any evidence that
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