Book SummaryThe Scheme, by Sheldon Whitehouse

1-Page Summary1-Page Book Summary of The Scheme

Conservatives executed a strategy to gain control of the judiciary.

Whitehouse argues that far-right individuals, unable to achieve their objectives through democratic means, have embarked on a relentless campaign to dominate America's highest courts, particularly targeting the nation's apex judicial body. The approach employs concealed monetary donations and groups acting as conduits, in addition to leveraging the sway of the Federalist Society, to secure the selection of jurists who favor business concerns, even at the expense of long-standing legal tenets and the undermining of democratic ideals.

The strategic endeavor to dominate the judiciary was significantly influenced by the Federalist Society.

The writer suggests that the Federalist Society takes on a pivotal role in this effort. The organization known as the Federalist Society not only facilitates discussions but also significantly contributes to the selection, readiness, and advancement of judicial nominees who adhere to conservative principles and are ready to advance the goals of their primary contributors. The Federalist Society's sway over the federal judiciary is unparalleled, evidenced by the establishment of a conservative supermajority of six to three on the Supreme Court, which stems from their dominance in the selection of judges and backing from a broad network of anonymous benefactors and associated groups.

The dominant role played by the Federalist Society in the assessment and selection of candidates for judicial appointments.

Whitehouse outlines a meticulously designed system in which the Federalist Society plays the key role in managing the selection process for judicial appointments. Aspiring judges, aware of the importance of endorsement from a prominent conservative legal group, often showcase their dedication to its core values and compete for advancement by embracing extreme positions. The selection mechanism, coupled with the organization's meticulous examination, ensures that only those applicants who are unwavering in their convictions and committed to furthering the goals of significant benefactors can navigate the entryway successfully. Trump's pride in choosing candidates from their roster emphasizes the control he has exercised by transparently entrusting the Federalist Society with the task of recommending judicial nominees.

Other Perspectives

• The role of the Federalist Society may vary depending on the administration in power, with some administrations relying more heavily on its recommendations than others.
• Some judges may have established their credentials and reputation independently of the Federalist Society, and their advancement could be attributed to their professional achievements and legal acumen rather than their association with the group.
• The selection mechanism might not be as effective in identifying the best candidates for judicial appointments if it prioritizes ideological purity over other important judicial qualities such as fairness, impartiality, and the ability to understand and balance complex legal arguments.
• The transparency of Trump's reliance on the Federalist Society could be perceived as a political move to solidify support from conservative voters rather than a commitment to selecting the most qualified candidates based on a broad range of perspectives.

A wide network of undisclosed donors linked to the Federalist Society is orchestrating and funding the campaign to influence the judicial system.

The author reveals the vast network of concealed financing and surrogate entities that bolster this initiative. Significant monetary donations from anonymous patrons flow through organizations like the Judicial Crisis Network and DonorsTrust to support the nomination of judges who receive the backing of the Federalist Society. These entities coordinate intricate initiatives to sway public perception, involving the deployment of assertive marketing tactics, influencing legislators, and overwhelming the court system with numerous amicus curiae briefs. The lack of transparency in political donations impedes the ability to track the flow of money and fully understand the extent of influence wielded by donors.

Practical Tips

• You can track the influence of political donations on judicial nominations by creating a simple spreadsheet to monitor publicly available donation data and nomination outcomes. Start by visiting government websites that disclose political contributions and judicial appointments. Record the names of donors, amounts donated, and the judges who are nominated or appointed. Over time, you'll be able to spot patterns and understand the impact of these donations on the judicial system.
• Develop a habit of scrutinizing the financial backing of organizations and projects you're interested in. Before...

The Scheme Summary The vulnerability of the judiciary to political sway, along with the lack of ethical guidelines and supervisory mechanisms, is concerning.

Senator Whitehouse argues that the Supreme Court's impartiality is in considerable jeopardy due to a lack of stringent ethical standards and oversight, which allows political objectives to potentially undermine it. The ethical code that applies to other federal judges does not constrain Supreme Court justices, and no higher authority can review their recusal choices. The lack of rigorous oversight, coupled with the Court's opaque criteria for friend-of-the-court briefs and the omission of disclosure regarding financial backers, creates a perfect setting for special interests to exert undue influence.

The ethical standards and mandatory recusal rules that apply to the Supreme Court justices are not stringent.

The author underscores the danger stemming from the absence of a compulsory code of ethics for members of the Supreme Court, which renders them vulnerable to external pressures. Supreme Court justices, unlike other federal judges, are not subject to the ethical guidelines set forth in the Code of Conduct for United States Judges and possess the exclusive authority to render final decisions regarding their own recusal. The leniency inherent in self-regulation allows...

The Scheme Summary The agenda of the Supreme Court, characterized by a bias towards partisanship and a preference for corporate interests, has significant repercussions that manifest in the real world and hold substantial influence.

Whitehouse offers a stringent critique, maintaining that the Supreme Court, under the stewardship of Chief Justice Roberts, frequently makes rulings that favor corporate entities and align with conservative political goals, thereby demonstrating a predisposition in favor of the affluent and powerful. He underscores a trend in which organizations with conservative leanings have prevailed in more than 80 cases decided by a narrow margin, a pattern he believes signals this sway. He argues that such decisions have undermined democratic principles and have had negative consequences that affect the daily experiences of ordinary people.

Decisions made by the Roberts Court frequently result in a slim majority of one, usually 5-4, and consistently favor major special interest groups and initiatives aligned with the goals of the Republican party.

The author conducts an in-depth examination of more than eighty instances where the rulings of the Roberts Court, often determined by a narrow one-vote margin, consistently favored powerful monetary entities and advanced a political trajectory aligned with the Republican Party's ideals. Sheldon Whitehouse argues that the consistent successes...

The Scheme Summary The strategy of establishing control within the judiciary has significant implications for democratic procedures, the management of election finances, the protection of voter rights, and the broader political environment.

The author argues that the distortion of the judicial system has severely compromised the United States' democratic process, entrenching minority rule, diminishing the tenets of democratic accountability, and amplifying the sway of wealthy special interest factions. He underscores the problem by highlighting that justices on the Supreme Court were appointed by a president who lost the popular vote by three million and were ratified by senators who represented a minority of the electorate. Court rulings that have eroded campaign finance regulations, reduced safeguards for electoral processes, and impeded the government's ability to regulate harmful corporate behaviors have steadily eroded the foundations of our democratic system.

The tactic of establishing control within the judicial system has played a crucial role in reinforcing minority governance and diminishing the tenets of democratic accountability.

The writer argues that a systematic approach has steadily increased the influence of a minority while concurrently undermining the foundations of democratic responsibility by aiming to dominate the judiciary. He elucidates that the Court's makeup features justices...

The Scheme Summary The rise of the Federalist Society, coupled with an influx of undisclosed donations and the establishment of intermediary organizations, has contributed to a rightward movement in the historical and political landscape.

Whitehouse argues that the persistent conservative push to sway the judicial system stems from a response to societal changes during the 1960s and 1970s, as well as a deep-seated resistance to their political losses. The strategy, as outlined in the 1971 Powell Memo, involves employing concealed financial resources and organizations that act as conduits to promote right-leaning judicial philosophies, support the campaigns of politicians who share these ideologies, and secure the placement of judges with similar convictions. The rise of the Federalist Society and its increasing influence on the Republican Party's choices for judicial candidates signify the culmination of a multi-decade endeavor.

Conservatives have consistently endeavored to shape the judiciary into a bulwark against political defeats and shifting societal standards.

Whitehouse details the origins of the Scheme, highlighting the far right's pivot towards commandeering the judiciary as a means to impose their agenda on a public that was otherwise unyielding, after facing challenges in achieving their objectives through democratic means. He explains that the expansion of civil rights and the creation of...