Supreme Court Historical Society

The Supreme Court Historical Society (SCHS) is a Washington, D.C.-based[1] private, nonprofit organization dedicated to preserving and communicating the history of the U.S. Supreme Court.[2] The Society was founded in 1974 by U.S. Chief Justice Warren E. Burger, who acted as its first honorary chairman until his death in 1995.[2] The Society publishes the Journal of Supreme Court History with John Wiley & Sons,[3] and provides other educational materials.

Supreme Court Historical Society
Established1974 (49 years ago)
FoundersWarren E. Burger
Typesnonprofit organization
Legal status501(c)(3) organization
HeadquartersWashington, D.C.
CountryUnited States
Revenue2,995,537 United States dollar (2018)

Controversy

Faith and Action influence investigation

In July 2022, Rev. Rob Schenck, former head of Faith and Action in the Nation's Capital, revealed the NPO's program of, "for about two decades, forging friendships with conservative justices to 'bolster' their views, particularly on abortion", finessed by donating to the Supreme Court Historical Society to obtain stealth opportunities[4] to meet Supreme Court Justices. Schenck also alerted Chief Justice John Roberts of the extensive operation, by letter, that same month.[5] Access was integral to the "group’s extensive program to influence Justices Thomas, Alito and Scalia through meals and entertainment", dubbed "Operation Higher Court".[6]

Schenck advised people attending the Historical Society annual dinner "see a Justice − boldly approach." He wrote "Your presence alone telegraphs a very important signal to the justices: Christians are concerned about the court and the issues that come before it." Schenck further advised that Justices were more likely to let their guard down at the annual dinners, because they trusted the attendees.[7] In example, through their connection to the Historical Society, Hobby Lobby's owners attended a Christmas party in Supreme Court chambers shortly before litigation was initiated which would become Burwell v. Hobby Lobby Stores, Inc. in 2014.[8]

On December 8, 2022, the House Committee on the Judiciary convened a hearing to determine covert activity and influence on SCOTUS members by the Faith and Action group, entitled "Undue Influence: Operation Higher Court and Politicking at SCOTUS", chaired by Jerrold Nadler.[9][10]

The New York Times report

On December 30, 2022, The New York Times published an investigative report detailing the society as a "vehicle for those seeking access" to Supreme Court justices.[11] The Times determined that at least 60 percent of money the society had raised since 2003 were from "corporations, special interest groups, or lawyers and firms that argued cases before the court." The article stated that these donors were given access to the inner workings of the court, including the justices themselves.[11]

References
  1. SCHS Staff (January 27, 2022). "The Supreme Court Historical Society [SCHS]". SupremeCourtHistory.org. Retrieved January 27, 2022. .
  2. "The Mission of the Society". Supreme Court Historical Society. Retrieved 2022-10-10.{{cite web}}: CS1 maint: url-status (link)
  3. "Journal of Supreme Court History". Supreme Court Historical Society. Retrieved 2022-11-27.
  4. "Advocate tells lawmakers of 'stealth' efforts to influence Supreme Court",The Washington Post, December 8, 2022. Retrieved December 14, 2022.
  5. "SEN. WHITEHOUSE AND REP. JOHNSON PRESS SCOTUS ABOUT APPARENT ETHICAL LAPSES AFTER NEW OUTSIDE INFLUENCE SCANDAL EMERGES" Sheldon Whitehouse, whitehouse.senate.gov, November 21, 2022. Retrieved December 14, 2022.
  6. "'Operation Higher Court': Inside the religious right’s efforts to wine and dine Supreme Court justices" Peter S. Canellos and Josh Gerstein, Politico, July 8, 2022. Retrieved December 14, 2022.
  7. Kantor, Jodi; Becker, Jo (November 19, 2022). "Former Anti-Abortion Leader Alleges Another Supreme Court Breach". The New York Times. ISSN 0362-4331. Retrieved 2022-11-23.
  8. Lithwick, Dahlia (22 November 2022). "The Real Problem With the Second Alleged Leak at the Court". Slate. Retrieved 27 November 2022.
  9. "Hearings Undue Influence: Operation Higher Court and Politicking at SCOTUS" December 08, 2022. Retrieved December 14, 2022.
  10. "Christian advocate tells Congress of 2014 U.S. Supreme Court leak" Gram Slattery and Nate Raymond, Reuters. December 8, 2022. Retrieved December 14, 2022.
  11. Becker, Jo; Tate, Julie (2022-12-30). "A Charity Tied to the Supreme Court Offers Donors Access to the Justices". The New York Times. ISSN 0362-4331. Retrieved 2022-12-31.


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