Six Justices, One Organization, Billionaire Funding
Six of the nine current Supreme Court justices are current or former members of the Federalist Society: John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
This isn’t coincidence. It’s the culmination of a decades-long, billionaire-funded project to capture the federal judiciary and implement a conservative legal agenda that couldn’t win at the ballot box.
At the center of this operation stands Leonard Leo, the Federalist Society’s longtime vice president and architect of the Supreme Court’s transformation. Leo personally led the confirmation campaigns for Roberts, Alito, Gorsuch, Kavanaugh, and Barrett—ensuring that five of the six conservative justices owe their seats to his efforts.
And he did it using a $250 million network of dark money groups funded by anonymous billionaire donors, with a recent $1.6 billion donation pushing his total war chest to unprecedented levels.
This is the story of how the Federalist Society bought the Supreme Court—and what it means for American democracy.
The Federalist Society: Origins and Mission
The Founding (1982)
The Federalist Society was founded in 1982 by Yale Law School students who believed legal education and the legal profession were dominated by liberal ideology. The organization’s stated mission: promote “textualism” and “originalism” in constitutional interpretation.
But the real agenda was always political: install judges who would:
- Limit federal regulatory power
- Expand corporate rights
- Restrict individual rights (abortion, voting, etc.)
- Empower conservative Christian viewpoints
- Protect gun rights
- Limit environmental protections
The Long Game
Unlike short-term political campaigns, the Federalist Society played the long game:
- Build a network of conservative lawyers and judges
- Train law students in originalist methodology
- Create a farm team for judicial appointments
- Fund legal challenges to liberal precedents
- Coordinate messaging across conservative legal movement
Over four decades, this strategy transformed the federal judiciary.
Leonard Leo: The Architect
Leonard Leo sits at the center of the Federalist Society’s judicial capture operation.
His Role
- Longtime Federalist Society leader: Vice president and co-chairman of the board
- Supreme Court kingmaker: Personally led confirmation campaigns for five justices
- Dark money orchestrator: Controls network of over $250 million in conservative legal funding
- Trump’s judicial advisor: Created the lists from which Trump selected Gorsuch, Kavanaugh, and Barrett
The Confirmation Campaigns
Leo didn’t just recommend judges. He ran sophisticated multi-million dollar campaigns to get them confirmed:
John Roberts (2005): Leo assisted in strategic planning for confirmation Samuel Alito (2006): Leo coordinated conservative support Neil Gorsuch (2017): Leo worked directly with Trump administration on selection and confirmation Brett Kavanaugh (2018): Leo ran behind-the-scenes confirmation operation Amy Coney Barrett (2020): Leo orchestrated rapid confirmation in record time
Leo even assisted Clarence Thomas in his 1991 confirmation hearings—making him responsible for six of the current nine justices.
The Dark Money Network
Leo controls a vast network of conservative legal organizations funded by anonymous billionaire donors:
- The 85 Fund (formerly Judicial Education Project)
- Concord Fund (formerly Judicial Crisis Network)
- Marble Freedom Trust (recipient of $1.6 billion donation)
- CRC Advisors
- BH Group
These groups function as funding hubs, funneling money to:
- Judicial confirmation campaigns
- Legal challenges to liberal policies
- Conservative advocacy organizations
- Media campaigns supporting right-wing judges
- Opposition research against liberal judicial nominees
Senator Sheldon Whitehouse documented that Leo sits at the center of an “almost $250 million network of dark money groups working to fill courts.”
The $1.6 Billion Donation
In 2022, Leo received a $1.6 billion donation—the largest single political donation in U.S. history—from electronics manufacturing billionaire Barre Seid.
Leo immediately announced plans to use the money to “crush liberal dominance” in media, entertainment, and the courts.
This war chest exceeds the annual budgets of most political parties. It gives Leo unprecedented power to shape American law and politics for decades.
The Supreme Court Capture
By the Numbers
- 6 of 9 justices are Federalist Society members or affiliates
- 5 justices personally selected and supported by Leonard Leo
- All 3 Trump appointees came from Federalist Society-approved lists
- $250+ million in dark money spent supporting conservative judges
- $1.6 billion additional funding for Leo’s ongoing operations
The Trump Outsourcing
When Donald Trump became president, he outsourced judicial selection entirely to the Federalist Society.
Trump didn’t pick Gorsuch, Kavanaugh, and Barrett. Leonard Leo did.
The lists Trump used to select Supreme Court nominees were compiled by the Federalist Society. The vetting process was run by Federalist Society lawyers. The confirmation campaigns were orchestrated by Leonard Leo’s dark money groups.
Trump got to announce the nominations. Leo got to shape the Court for a generation.
The Coordinated Agenda
The six Federalist Society justices don’t just share an organization. They vote as a bloc to implement the Society’s policy agenda:
Expand corporate power:
- Citizens United - unlimited corporate political spending
- Weakened labor unions
- Limited class action lawsuits
- Protected arbitration agreements
Dismantle regulatory state:
- Overturned Chevron deference
- Limited EPA authority
- Weakened OSHA
- Protected polluters
Restrict individual rights:
- Overturned Roe v. Wade
- Limited voting rights (Shelby County)
- Weakened Miranda protections
- Restricted habeas corpus
Expand gun rights:
- Bruen decision creating historical test for gun laws
- Striking down gun safety regulations
- Protecting Second Amendment absolutism
Grant presidential immunity:
- Trump v. United States creating immunity for official acts
- Protecting executive power (when Republicans hold office)
This isn’t judicial philosophy. It’s a political platform implemented through supposedly neutral legal reasoning.
The Lower Court Pipeline
The Federalist Society’s influence extends far beyond the Supreme Court.
Federal Appellate Courts
During the Trump administration:
- 54 appeals court judges appointed - nearly 30% of all appellate judgeships
- Vast majority were Federalist Society members
- Youngest judges in modern history - will serve for decades
- Strategic placement in key circuits
State Supreme Courts
In 2024, 32 candidates running for state supreme court positions were affiliated with the Federalist Society.
The organization is replicating its federal success at state level:
- Recruiting conservative judicial candidates
- Funding state supreme court campaigns
- Coordinating legal challenges in state courts
- Building farm team for future federal appointments
The Training Pipeline
The Federalist Society operates chapters at every major law school:
- Recruits conservative students
- Provides networking with established judges and lawyers
- Offers mentorship and career advancement
- Creates ideological loyalty and shared mission
Graduating Federalist Society members enter:
- Big law firms
- Government legal positions
- Judicial clerkships (often with Federalist Society judges)
- Conservative advocacy organizations
This creates a self-perpetuating pipeline: Federalist Society judges hire Federalist Society clerks, who become Federalist Society lawyers, who become Federalist Society judges.
The Dark Money Problem
The Federalist Society’s judicial capture operation depends on massive spending from anonymous donors.
Who’s Funding This?
We don’t know—and that’s the point.
The dark money network uses 501(c)(4) “social welfare” nonprofits that aren’t required to disclose donors. We know some funders through leaks and reporting:
- Koch network - major contributor
- Donors Trust - dark money conduit
- Barre Seid - $1.6 billion donation
- Other billionaires - names unknown
What Are They Buying?
Billionaire donors aren’t funding the Federalist Society out of philosophical commitment to originalism. They’re buying:
Tax cuts: Judges who limit taxation authority Deregulation: Judges who dismantle environmental and labor protections Corporate power: Judges who favor business over workers and consumers Limited government (for them): Judges who constrain regulation while expanding police and executive power
The return on investment is extraordinary. A few hundred million in judicial confirmation campaigns yields:
- Billions in reduced regulatory compliance costs
- Weakened enforcement of environmental laws
- Limited liability for corporate misconduct
- Tax policy favoring the wealthy
The Ethics Connection
Leonard Leo’s dark money network directly connects to Supreme Court ethics scandals:
- Leo arranged Justice Alito’s Alaska fishing trip with billionaire Paul Singer
- Leo coordinates with donors who provide gifts to justices
- Leo’s groups fund amicus briefs in cases before justices he helped appoint
- Leo refused Senate subpoena regarding undisclosed gifts to justices
In April 2024, the Senate Judiciary Committee issued a subpoena to Leo regarding undisclosed gifts to Supreme Court justices. Leo publicly refused to cooperate, calling it “politically motivated.”
The same person who selects justices, funds their confirmations, and arranges luxury trips for them also refuses to testify about the gifts they receive. The corruption is circular and self-perpetuating.
The Legitimacy Crisis
A Supreme Court where six of nine justices were selected by one organization, funded by anonymous billionaires, implementing a coordinated political agenda isn’t a court. It’s an oligarchy.
Public Perception
Americans increasingly recognize the Court’s partisan capture:
- Supreme Court approval at historic lows
- Majority of Americans believe Court is “too political”
- Growing support for Court reform among Democrats
- Recognition that Federalist Society justices vote as bloc
Judicial Independence?
The Federalist Society claims its members maintain judicial independence. But when six justices:
- Were selected by the same organization
- Share the same legal philosophy
- Vote together in 5-4 or 6-3 decisions consistently
- Implement the same policy preferences
- Attend the same Federalist Society events
…that’s not independence. That’s coordination.
The Appearance of Corruption
Even if Federalist Society justices believe they’re acting impartially, the system creates impossible conflicts:
- Justices attend Federalist Society events where major donors mingle
- Dark money groups that funded their confirmations file briefs in their cases
- The same donors who paid for confirmation campaigns give gifts to sitting justices
- Leonard Leo orchestrates both judicial selection and judicial ethics violations
The appearance of corruption is indistinguishable from actual corruption.
Project 2025 and the Future
The Federalist Society’s judicial project isn’t finished.
The Next Phase
Project 2025, the Heritage Foundation’s blueprint for the next Republican administration, includes extensive judicial components.
The Teneo Network (part of Leo’s operation) serves on Project 2025’s advisory board, planning:
- More federal judicial appointments
- Expansion of executive power over courts
- Limits on judicial review of executive actions
- Ideological purges of career attorneys
- Politicization of Justice Department
Waiting for Vacancies
With Thomas and Alito approaching retirement age, Republicans are preparing for Supreme Court vacancies during Trump’s presidency.
If Trump gets to replace Thomas and Alito with younger Federalist Society justices:
- Conservative supermajority locked in for 30+ years
- Even more extreme jurisprudence possible
- No prospect of ideological balance for a generation
The Billion-Dollar War Chest
Leo’s $1.6 billion donation gives him resources to:
- Fund unlimited judicial confirmations
- Challenge every liberal policy in court
- Build conservative legal infrastructure
- Dominate media narratives about law and courts
- Outlast and outspend any opposition
This isn’t a political campaign. It’s a permanent legal warfare operation with functionally unlimited funding.
What This Means for Court Reform
The Federalist Society’s capture of the Supreme Court makes reform both necessary and difficult.
Why Reform Is Necessary
A Court selected by one organization, funded by billionaire dark money, and implementing a coordinated political agenda cannot claim legitimacy in a democracy.
The Federalist Society operation proves that:
- Judicial selection is already highly political
- Big money already controls Court composition
- Justices already coordinate based on shared ideology
- The Court already serves donor interests over public good
Reform isn’t politicizing the Court—the Court is already politicized. Reform would democratize it.
Why Reform Is Difficult
The same forces that captured the Court will fight reform:
- Federalist Society network will oppose any change
- Dark money will fund campaigns against reform
- Captured courts will strike down reform legislation
- Media operations will attack reformers as “court-packing”
The Argument for Reform
But the Federalist Society’s success also makes the argument for reform undeniable:
If conservatives could spend 40 years and hundreds of millions of dollars to build a 6-3 supermajority, why can’t democracy fight back?
Court expansion, term limits, jurisdiction stripping, and ethics codes aren’t radical. They’re necessary responses to a Court that has already been radically transformed by dark money and ideological capture.
Conclusion: Democracy vs. Oligarchy
The Federalist Society’s Supreme Court represents a fundamental threat to American democracy.
Six justices selected by one organization, funded by anonymous billionaires, implementing a coordinated political agenda that serves donor interests over public welfare—this is oligarchy, not judicial independence.
Leonard Leo’s $1.6 billion war chest and $250 million dark money network give him more power to shape American law than any elected official. He’s not accountable to voters. He doesn’t face elections. He operates in secrecy using anonymous donor money.
The justices he selected have:
- Overturned Roe v. Wade
- Granted presidential immunity
- Dismantled the administrative state
- Weakened voting rights
- Expanded gun rights
- Protected corporate power
- Limited individual rights
This is the Federalist Society agenda, implemented through supposedly neutral jurisprudence.
We can accept this capture and live under a judicial oligarchy chosen by Leonard Leo and funded by billionaires.
Or we can fight back through Court reform: expansion, term limits, ethics codes, jurisdiction stripping.
The Federalist Society spent 40 years building this Court. It’s time to spend the next four years democratizing it.
Democracy is on the line. The choice is ours.