Here’s yet another disturbing story about the malign influence of Leonard Leo, Federalist Society founder and architect of the conservative Supreme Court we are now stuck with for a generation or more:
Groups aligned with the conservative legal movement and its financial architect, Leonard Leo, are working to promote a publicly funded Christian school in Oklahoma, hoping to create a test case to change the Supreme Court’s interpretation of the First Amendment’s separation of church and state.
At issue is the Roman Catholic Archdiocese of Oklahoma’s push to create the St. Isidore of Seville Catholic Virtual School, which would be the nation’s first religious school entirely funded by taxpayers. The school received preliminary approval from the state’s charter school board in June. If it survives legal challenges, it would open the door for state legislatures across the country to direct taxpayer funding to the creation of Christian or other sectarian schools.
Brett Farley, executive director of the Catholic Conference of Oklahoma, acknowledges that public funding of St. Isidore is at odds with over 150 years of Supreme Court decisions. He said the justices have misunderstood Thomas Jefferson’s intent when he said there should be a wall separating church and state, but that the current conservative-dominated court seems prepared to change course.
“Jefferson didn’t mean that the government shouldn’t be giving public benefits to religious communities toward a common goal,” he said. “The court rightly over the last decade or so has been saying, ‘No, look, we’ve got this wrong and we’re gonna right the ship here.’ ”
Behind the effort to change the law are Christian conservative groups and legal teams who, over the past decade, have been beneficiaries of the billion-dollar network of nonprofits largely built by Leo, the Federalist Society co-chairman.
Leo’s network organized multi-million-dollar campaigns to support the confirmation of most of the court’s six conservative justices. Leo himself served as adviser to President Donald Trump on judicial nominations, including those of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
Leo’s multiple hats in recruiting judicial nominees, using his nonprofit war chest to promote their confirmations and then funding legal organizations to craft challenges to longstanding court precedents, has drawn increasing criticism.
“The Christian conservative legal movement, which has its fingerprints all over what’s going on in Oklahoma, is a pretty small, tight knit group of individuals,” said Paul Collins, a legal studies and politics professor at the University of Massachusetts Amherst. “They recognize the opportunity to get a state to fund a religious institution is a watershed moment,” said Collins, author of Friends of the Supreme Court: Interest Groups and Judicial Decision Making, adding that“They have a very, very sympathetic audience at the Supreme Court. When you have that on the Supreme Court you’re going to put a lot of resources into bringing these cases quickly.”
Leonard Leo supports Trump — and any other Republican leader — because he sees them as instruments to achieve his goals, nothing more. He and his henchmen will use MAGA to obtain and maintain power but it’s not the agenda in itself. Destroying the public education system is one of his fundamental goals.
In many ways, it’s hostile to much of the economically populist side of the cult except to the extent it seeks to shrink government (Bannon’s “deconstruction of the administrative state.”) Leo takes the long view. His tool is the Republican Party, no matter who is in it.