One of the excuses I’m seeing from defenders of Clarence Thomas and Harlan Crow is the claim that Crow was being generous and kind and you don’t want to discourage people from being kind, do you? Dahlia Lithwick is having nothing to do with that.
There’s also something specifically infuriating about the way defenders of the deep spiritual kinship between Harlan Crow and Clarence and Ginni Thomas root their argument in the fact that paying for an at-risk youth’s private school tuition is a noble act—“charity” even. The problem with that is, this is a conservative legal movement that is racing to subvert voting, public education, the administrative state, and (at present) the possibility of student loan forgiveness. So Harlan Crow’s replacement of an entire New Deal safety net with an ad hoc charitable benefits system administered by himself and directed only at the offspring of personal friends is specifically infuriating. Because the kids who receive the generosity of the Crow’s private charity are not yours, and the kids who receive the protections of EPA regulation are not yours, and the kids who receive the benefits of going to schools where nobody will shoot them are not yours. The beauty of Leonard Leo and Harlan Crow is that they always get to determine who benefits—and guess what? Unless and until you are related to a sitting Supreme Court justice: It will be not you.
The lesson we are learning from the new scandals at the high court go way beyond “ethics” reform. This is no longer an ethics problem. This is a democracy reform problem, and it signals first and foremost an effort to deform democracy to serve the Harlan Crows and the Leonard Leos of the world. It also signals a view of democracy in which they will determine whose private life is private and who are the “gossips.” (You may still know them as “journalists.”)
Right, let’s replace the social safety net with crony capitalism. That’s not generosity, that’s selfishness.