Dark Money-Financed Radical Left Already Playing Prominent Role In Supreme Court Vacancy

‘Aggressive’ Dark Money Group Demand Justice, Tied To Schumer And The White House, Spent A Year Angrily Calling On Justice Breyer To Resign

SENATE REPUBLICAN LEADER MITCH McCONNELL (R-KY): “The President must not outsource this important decision to the radical left. The American people deserve a [Supreme Court] nominee with demonstrated reverence for the written text of our laws and our Constitution.” (Sen. McConnell, Press Release, 1/27/2022)

Last Year, Radical Left Wing Group Demand Justice Ran An ‘Aggressive’ Campaign Pressuring Justice Breyer To Leave The Court, Beginning The Day After Democrats Won A Senate Majority In January

“[A] new phase in an extraordinary year-long campaign was launched to pressure Breyer to rethink his loyalties and focus far more on the political party that helped secure his appointment and the court’s dwindling liberal minority. A group of Democratic operatives circulated an online petition. Activists protested his events. Op-eds appeared in newspapers. A truck circled the Supreme Court building with a billboard that read: ‘Breyer, retire.’ It was the start of a remarkably public push on the political left to pressure Breyer, 83, the high court’s oldest justice and one of its three liberals, to retire while Democrats controlled the White House and Senate and make way for a younger nominee installed by President Biden.” (“Inside The Campaign To Pressure Justice Stephen Breyer To Retire,” The Washington Post, 1/29/2022)

Politico Playbook: “Activists to Breyer: Give us your seat” (“Activists to Breyer: Give us your seat,” Politico Playbook, 4/09/2021)

“[T]he public pressure on Breyer has come mainly from advocacy organizations. The most aggressive has been Demand Justice, led by Brian Fallon, a former spokesman for Hillary Clinton and Obama’s Attorney General Eric Holder. Demand Justice first called for Breyer to step down in January. They’ve run an online petition and digital ads, hired a billboard truck to circle the Supreme Court building and organized open letters from law professors and progressive groups …” (Axios, 8/03/2021)

  • “The results of the Georgia Senate runoffs aren’t yet final. But left-wing activists are already pressuring Supreme Court Justice Stephen Breyer to take advantage of a possible Democratic majority in the Senate and retire. Demand Justice, the group founded in 2018 as a progressive response to conservative organizing around the courts, praised Breyer in a statement to POLITICO but encouraged him to make way for a younger liberal replacement and to do it early in Joe Biden’s first term.” (“Liberals To Breyer: Time To Retire,” Politico, 1/06/2021)

“Demand Justice launched a new push [on April 9th, 2021] for Justice Stephen Breyer to retire …” (Demand Justice, Press Release, 4/09/2021)

  • BRIAN FALLON, Demand Justice Executive Director:We are now firmly in the window when past justices have announced their retirement, so it’s officially worrisome that Justice Breyer has not said yet that he will step down. The only responsible choice for Justice Breyer is to immediately announce his retirement … We cannot afford to risk Democrats losing control of the Senate before a Biden nominee can be confirmed. Justice Breyer is not entitled to the benefit of the doubt at this point. (Demand Justice, Press Release, 4/09/2021)

“Thirteen progressive groups on [June 16th, 2021] will publicly call on Supreme Court Justice Stephen Breyer to step down to let President Joe Biden confirm his successor while Democrats control the Senate. ‘Supreme Court Justice Stephen Breyer should immediately announce his intent to retire from the bench,’ reads a forthcoming ad endorsed by national advocacy organizations including Demand Justice, Women’s March, Black Lives Matter and the Sunrise Movement…. Other organizations backing the ad are Ultraviolet, Justice Democrats, Battle Born Collective, Common Defense, We Testify, Take Back The Court Action Fund and the People’s Parity Project. Demand Justice, a progressive judicial advocacy organization, paid for the ad placement. The group has been leading the effort to pressure Breyer to retire.” (“13 Progressive Groups Urge Supreme Court Justice Stephen Breyer To Retire,” Huffington Post, 6/15/2021)


Demand Justice Even Paid For A Truck To Circle The Supreme Court, Demanding Breyer Step Down

“Demand Justice gets points for being direct. Their billboard truck set to circle the Supreme Court says: ‘Breyer, retire. It’s time for a Black woman Supreme Court justice. There’s no time to waste.’” (Huffington Post’s Jennifer Bendery, @jbendery, Twitter, 4/09/2021)



Over The Course Of The Year, Demand Justice’s Campaign Against Breyer Became More And More Strident

BRIAN FALLON, March: “My thought on the ship stuck in the Suez Canal is that Stephen Breyer should hurry up and retire.” (Brian Fallon, @brianfallon, Twitter, 3/27/2021)

  • July: “This new report suggests Justice Breyer’s desire to stay is based less on a high-minded notion that he might somehow preserve the Court’s reputation for independence, and more on the fact that he finds it personally fulfilling to get the chance to serve in the role of the Court’s senior liberal. In other words, this is about ego.” (Demand Justice, Press Release, 7/15/2021)

DEMAND JUSTICE, June: “Tomorrow would be a very, very good day for Justice Breyer to announce he plans to retire!” (Demand Justice, @WeDemandJustice, Twitter, 6/30/2021)

DEMAND JUSTICE-Sponsored Blog, September: “Bullying Stephen Breyer Is Good, Actually”

  • “Taken to its logical conclusion, this view would use his willful blindness as a perpetual shield against well-placed criticism. Giving him the kid-gloves treatment here is like deciding not to warn a stubborn homeowner about the tornado bearing down on them because they do not believe wind exists…. yelling at him to get his shit together before a 7-2 conservative super-supermajority comes to pass is your last, best hope.” (Jay Willis, “Bullying Stephen Breyer Is Good, Actually, Balls And Strikes Blog, 9/29/2021)


When Justice Breyer Did Announce His Intention To Step Down, Demand Justice Celebrated

“Liberal groups have openly campaigned for Breyer to step down. In a statement, Brian Fallon, executive director of Demand Justice, described Breyer’s decision as a ‘relief.’ ‘Justice Breyer’s retirement is coming not a moment too soon, but now we must make sure our party remains united in support of confirming his successor,’ Fallon said.” (“Supreme Court Confirmation Fight To Make History In 50-50 Senate,” Politico, 1/26/2022)

“Headline at a website run by the Democratic dark money group DEMAND JUSTICE, which had waged a pressure campaign urging STEPHEN BREYER to step aside: ‘Stephen Breyer, Shamed By Your Tweets, Will Retire From Supreme Court’” (The New York Times’ Kenneth P. Vogel, @kenvogel, Twitter, 1/27/2022)

“Demand Justice, which was publicly pressuring Justice Breyer to retire for months and drove a truck around DC that said as much on it, is now driving this truck around Capitol Hill today.” (Huffington Post’s Jennifer Bendery, @jbendery, Twitter, 1/28/2022)


Demand Justice Is Led By Former Schumer Staffer Brian Fallon Who Pushes Democrats ‘To Take A Bare-Knuckle Approach’ To Judicial Nominations

“The executive director of Demand Justice is Brian Fallon, a former top aide to Senate Minority Leader Chuck Schumer, D-N.Y., who later advised Hillary Clinton’s presidential campaign in 2016.” (“Millions From Anonymous Donors To Influence Kavanaugh Fight,” The Associated Press, 7/12/2018)


And Two Key White House Staffers, Including ‘Biden’s Point Person On Judicial Nominations, Previously Worked For Demand Justice’

“President Biden’s White House has close ties to a left-wing dark money group that seeks to expand the Supreme Court. Both White House press secretary Jen Psaki and Paige Herwig, Biden’s point person on judicial nominations, previously worked for Demand Justice, which is part of a massive dark money network, the Sixteen Thirty Fund.” (“Inside Biden White House’s Ties To Dark Money Group Seeking To Pack Supreme Court,” Fox News, 4/08/2021)


REMINDER: Demand Justice Is One Of The Loudest Voices On The Left Advocating For Packing The Supreme Court

DEMAND JUSTICE: “With a 6-3 Republican supermajority, the Supreme Court is too biased in favor of special interests and Republican politicians. Our democracy is at risk from decisions that suppress the right to vote. Adding four seats is the solution—and we need your help to get it done. Congress can change the number of justices on the Court at any time with a simple piece of legislation, and it has done so many times throughout American history. Now, top Democrats have introduced a bill to add seats and restore balance, and more than 40 members of Congress have signed on in support.” (Demand Justice, Accessed 1/31/2022)

BRIAN FALLON: “At Demand Justice, we strongly believe that reforming the court — especially by expanding it — is the cornerstone for re-building American democracy… We are thrilled to work in coalition with the team at Pack the Courts to undo the politicization of the judiciary.” (“Progressive Activists Push 2020 Dems To Pack Supreme Court,” Politico, 2/25/2019)

  • FALLON: “We need reform of the third branch of the government. We must look at expanding the number of justices on the Court to ensure a future Democratic president has the chance to fill two or more seats on the Court.” (Brian Fallon, Remarks, 12/05/2018)

Fallon endorsed legislation introduced by far left Democrats, including Sen. Ed Markey (D-MA), to pack the Supreme Court. (Sen. Markey, Press Release, 4/15/2022)

  • FALLON: “Democrats are officially done being complacent about the courts…. Our goal is to build consensus for this plan as quickly as we have seen Democrats align around the need to abolish the Senate filibuster. Expanding the Court is every bit as necessary for restoring our democracy.  (Sen. Markey, Press Release, 4/15/2022)


In Stark Contrast, Justice Breyer Has Warned Against ‘Structural Alteration Motivated By The Perception Of Political Influence’

“Emphasizing that the Supreme Court’s authority hinges on the public’s trust in the court, Justice Stephen Breyer used a speech on Tuesday at Harvard Law School to argue against efforts to expand the number of seats on the Supreme Court. The 82-year-old Breyer contended that public trust in the court rests in the public’s perception that ‘the court is guided by legal principle, not politics’ and would therefore be eroded if the court’s structure were changed in response to concerns about the influence of politics on the Supreme Court.” (Amy Howe, “In Harvard Speech, Breyer Speaks Out Against ‘Court Packing,’” SCOTUSblog, 4/07/2021)

JUSTICE BREYER: “This lecture … reflects my own effort to be certain that those who debate [reform] proposals also consider an important institutional point, namely how would ‘court packing’ reflect and affect the rule of law itself.” (“Supreme Court Justice Stephen G. Breyer Cautions Against ‘The Peril Of Politics,’” Harvard Law Today, 4/07/2021)


Demand Justice Is Funded By Left-Wing Dark Money Group The Sixteen Thirty Fund

“Demand Justice began as a project of the Sixteen Thirty Fund, a fiscal sponsor managed by consulting group Arabella Advisors that oversees one of the left’s largest dark money networks containing dozens of left-wing groups and initiatives. However, the group recently spun into its own legal entity. The initial setup allowed Demand Justice to operate mainly in secrecy. Because the Sixteen Thirty Fund acted as its fiscal sponsor by providing its tax and legal status to the group, Demand Justice was not required to file public documents such as tax forms to the IRS. The judicial group’s complete list of donors is unknown due to its relationship with the Sixteen Thirty Fund, and its recent break-off into its own nonprofit.” (“Biden Judicial Pick Pushed By Dark Money Group With Ties To Top White House Aide,” Fox News, 10/04/2021)

“Demand Justice, the courts-focused group helmed by former Hillary Clinton press secretary Brian Fallon, also ran out of Sixteen Thirty Fund. Demand Justice spent millions of dollars on TV ads as Democrats tried to prevent Brett Kavanaugh from being confirmed to the Supreme Court in 2018.” (“Documents Reveal Massive ‘Dark-Money’ Group Boosted Democrats In 2018,” Politico, 11/19/2020)

Demand Justice Also Got Millions From A ‘Nonprofit In Liberal Billionaire George Soros’s Network’

“[A] nonprofit in liberal billionaire George Soros’s network, the Open Society Policy Center, provided $2.6 million to Demand Justice around the time of its inception, its grants showed. Fallon also pitched the group behind closed doors to a secretive club of Democratic donors co-created by Soros, the Democracy Alliance, before its launch.” (“Biden Judicial Pick Pushed By Dark Money Group With Ties To Top White House Aide,” Fox News, 10/04/2021)

The Sixteen Thirty Fund ‘Boosted Democrats And Liberal Causes’ With ‘An Unprecedented Gusher Of Secret Money,’ ‘A Sign That Democrats And Allies Have Embraced The Methods Of Groups They Decried As “Dark Money” Earlier’

“A single, cryptically named entity that has served as a clearinghouse of undisclosed cash for the left, the Sixteen Thirty Fund, received mystery donations as large as $50 million and disseminated grants to more than 200 groups, while spending a total of $410 million in 2020 — more than the Democratic National Committee itself.” (“Democrats Decried Dark Money. Then They Won With It in 2020.,” The New York Times, 1/29/2022)

“The ‘green wave’ of campaign cash that boosted Democrats and liberal causes in 2018 included an unprecedented gusher of secret money, new documents obtained by POLITICO show. The Sixteen Thirty Fund, a little-known nonprofit headquartered in Washington, spent $141 million on more than 100 left-leaning causes during the midterm election year, according to a new tax filing from the group. The money contributed to efforts ranging from fighting Supreme Court Justice Brett Kavanaugh and other Trump judicial nominees …” (“Documents Reveal Massive ‘Dark-Money’ Group Boosted Democrats In 2018,” Politico, 11/19/2020)

THE WASHINGTON POST EDITORIAL BOARD: “The Sixteen Thirty Fund is a social welfare group under section 501(c)(4) of the tax code and, as such, does not have to reveal its donors to the public, in contrast to political action committees that report to the Federal Election Commission, including the super PACs that are independent of candidates…. According to the Politico report, a single donor to the Sixteen Thirty Fund gave $51.7 million, a second donor gave $26.7 million, and a third donated $10 million. Who are these donors? The public will not find out.” (Editorial, The Washington Post, 11/21/2019)

  • “The fund distributed cash to causes such as television ads opposing the nomination of Brett M. Kavanaugh to the Supreme Court, as well as ads that focused on issues such as health care and the economy. At least indirectly, the fund’s spending helped Democrats take back the House. The fund also poured money into other nonprofit groups active in state politics.” (Editorial, The Washington Post, 11/21/2019)



Related Issues: Campaigns & Elections, Supreme Court