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    Does Justice Alito Hear Himself?

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    For someone who wields unimaginable power and exudes utter confidence in his own moral rectitude, Justice Samuel Alito is an exceptionally touchy guy.Exhibit A: His decision to devote time and energy to a newspaper essay defending himself against charges of ethical and legal violations that had not yet been published, and which he considered invalid in the first place. The essay, in both form and substance, epitomizes the bitterness and superciliousness that he has demonstrated in regular doses throughout his years on the Supreme Court.The nature of the charges, detailed in a deeply reported article published by ProPublica on Tuesday evening, will sound familiar after the recent revelations about the casual attitude of several justices regarding the most basic ethical standards.In 2008, Justice Alito accepted a free flight to a luxury fishing resort in Alaska on a private jet owned by Paul Singer, the hugely wealthy hedge-fund owner and major conservative donor. When one of Mr. Singer’s companies later appeared before the court in a multibillion-dollar lawsuit against the Argentine government, it won its case, eventually netting $2.4 billion. Justice Alito voted in the majority. He neither recused himself from the case nor reported the free flight, which could have cost him up to $100,000 on the open market, and which appears to be a violation of a federal law requiring the disclosure of such gifts.Most judges, whether by temperament or fidelity, avoid the spotlight. They prefer to follow rules and let their opinions do the talking. That has never been Justice Alito’s way. For most of his 17 years on the court, he has appeared to relish playing the role of bare-knuckled partisan soldier, standing athwart history in loyal service to a vengeful, theocratic right-wing movement that elevates religious liberty for some over basic freedoms for all. Remember when he mouthed “not true,” on live national television, in reaction to President Barack Obama’s criticism of the court’s Citizens United decision during the 2010 State of the Union address? Or when he attacked liberals as threatening religious liberty and free speech? Or when he mocked the critics of his majority opinion last year striking down Roe v. Wade and a woman’s constitutional right to abortion? You’d think you were listening to a pugnacious politician rather than a high-minded jurist — and you would not be entirely wrong.On Tuesday evening, hours before the ProPublica report came out, Justice Alito took to the ramparts again. In a lengthy screed on The Wall Street Journal’s opinion page, he absolved himself of any wrongdoing, flatly rejecting any suggestion that he should have recused himself or reported Mr. Singer’s gift. Recusal is required only when “an unbiased and reasonable person who is aware of all relevant facts would doubt that the justice could fairly discharge his or her duties,” he wrote, quoting the court’s recently adopted statement of ethics and principles. “No such person,” he concluded, “would think that my relationship with Mr. Singer meets that standard.”One of the hazards of an unelected lifetime gig is that you have little idea of what regular people actually think. Contrary to Justice Alito’s cosseted worldview, the real reason “no such person” would doubt his impartiality is that no such person exists. The justice never disclosed the existence of the trip, so no one was aware of “all relevant facts” besides himself, Mr. Singer and the other people on the plane.But even if the relationship had been known, can anyone say with a straight face that no “unbiased and reasonable person” would question the justice’s impartiality when he votes for someone who gave him a valuable gift? Isn’t there at least the appearance that something other than the strict application of the rule of law is at work? And appearances count, perhaps nowhere more than at the Supreme Court, which is the final arbiter of many of the most fraught issues of American life.Justice Alito is hardly the first member of the current court to face charges of serious ethical lapses. Nearly all the other justices, conservative and liberal, have accepted free travel and other gifts over the years, although these have rarely involved such a clear connection to cases that have come before the court. Justice Clarence Thomas has been under fire for, among other things, failing to recuse himself from cases involving the Jan. 6 Capitol insurrection, even though his wife, Ginni, was in regular communication with the Trump White House in an attempt to overturn the 2020 election. More recently, ProPublica has reported on Justice Thomas’s ties to Harlan Crow, another conservative billionaire who has lavished gifts on him and his wife over the years, and who has been connected to at least one business with a case before the court.Justice Thomas has mostly kept his mouth shut, though he did issue a brief statement after the ProPublica article about him. Justice Alito, by choosing to speak up at length and in a forum that he knew would be both friendly and prominent, muscled his opinion into public view. In doing so, he illustrated how flimsy even a Supreme Court justice’s reasoning can be when he attempts to be a judge in his own cause.For instance, Justice Alito defended his decision not to report Mr. Singer’s freebie because it was “personal hospitality,” which he believed, like his colleague Justice Thomas, did not need to be reported. And yet he also claimed he barely knew Mr. Singer. So which is it? “If you were good friends, what were you doing ruling on his case?” one legal-ethics expert said to ProPublica. “And if you weren’t good friends, what were you doing accepting this?”Rather than try to square that circle and admit he’d been caught doing something ethically wrong and arguably illegal, Justice Alito went to laughable lengths to lawyer his way out. As far as he was aware, he wrote, the seat he occupied on his private-jet jaunt to Alaska “would have otherwise been vacant” — by which he presumably means to say the gift was valueless. Remind me to try that one out the next time I walk past an empty first-class seat on a Delta flight. Seriously, though: do these guys listen to themselves?Justice Alito doesn’t like these sorts of questions. In fact, he doesn’t seem to like any criticism of the court. In addition to getting his back up about ethical complaints, he is aggrieved about challenges to the court’s blatantly partisan decisions and its increasing reliance on the secretive “shadow docket” to issue rulings without oral arguments or written opinions.“We are being hammered daily, and I think quite unfairly in a lot of instances. And nobody, practically nobody, is defending us,” he said in an interview in April with The Wall Street Journal.If Justice Alito doesn’t appreciate being called out for taking lavish trips on litigants’ dimes, or for overturning precedent to impose his personal ideology, then he might consider not doing those things in the first place. Instead, he chooses to shoot the messenger.It is this odor of impunity, this mockery of legitimate critique, this disregard for the rights and freedoms of millions of Americans — this “stench” of politicization, as Justice Sonia Sotomayor put it during oral arguments in the case that eventually overturned Roe v. Wade — that defines today’s Supreme Court. That should concern Chief Justice John Roberts above all, because his name and legacy will be forever attached to this court.And that is why, if the justices are confused as to the reason public trust in the court is in free fall, they need look no further than Justice Alito’s smug, defensive reaction to a very fair criticism. As long as the court refuses to accept significantly stricter ethics rules, either adopted by themselves or imposed by Congress, that trust — and with it the court’s legitimacy — will continue to erode until it’s not worth a seat on a private jet.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      The Supreme Court Has Earned a Little Contempt

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      Although the Supreme Court has been deciding cases at a glacial pace this term — and that with an almost comically small docket of only 59 merits cases — the justices have found other ways to keep busy. They have been spinning their ethical lapses (Justice Clarence Thomas), blowing off congressional oversight (Chief Justice John Roberts), giving interviews whining about public criticism (Justice Samuel Alito) and presenting awards to one another (Justice Elena Kagan to Mr. Roberts).In the cases it has decided, the Supreme Court has gutted an important provision of the Clean Water Act and made it easier for private litigants to mount constitutional challenges to an administrative agency’s structure or existence. Opinions still to come threaten to strike down everything from affirmative action in education to student debt relief to the Indian Child Welfare Act.Court observers might be tempted to describe all this as a relatively recent development, a function of the court’s 6-to-3 Republican-appointed supermajority. The University of Michigan law professor Leah Litman has called this the “YOLO court” (for “you only live once”), because of the majority’s apparent sense of liberation in pursuing long-held conservative goals. Mark Lemley of Stanford placed the beginning of the “imperial Supreme Court” in 2020.Mr. Lemley is right to decry the self-aggrandizing nature of the court. But his dating is somewhat off. Judicial self-aggrandizement has been in the works for a lot longer: It has been a hallmark of the John Roberts years.Over roughly the past 15 years, the justices have seized for themselves more and more of the national governing agenda, overriding other decision makers with startling frequency. And they have done so in language that drips with contempt for other governing institutions and in a way that elevates the judicial role above all others.The result has been a judicial power grab.Judges have long portrayed themselves as neutral, apolitical conduits of the law, in contrast to the sordid political branches. This portrayal serves to obscure the institution of the judiciary and to foreground the abstract, disembodied concept of the law. In turn, it serves to empower judges, who present themselves not as one type of political actor but rather as the voice of the majestic principles of the law.But Mr. Roberts’s judiciary has increasingly taken subtext and made it text. Here are three thematic examples out of many.Campaign Finance LawStarting with Citizens United in 2010, the Republican-appointed majority on the court has consistently struck down provisions limiting the influence of money in politics, including provisions that it previously upheld. In a 2014 case, Mr. Roberts wrote that campaign finance regulations that pursue objectives other than eradicating quid pro quo corruption or its appearance “impermissibly inject the government into the debate over who should govern. And those who govern should be the last people to help decide who should govern.”In this brief passage, Mr. Roberts implicitly distances his own institution from “the government” of which it is obviously a part, implies that the court stands outside the processes of governance, and suggests that there is something self-dealing and borderline corrupt about campaign finance laws passed by elected legislatures.In these same cases, the justices have described nonjudicial political speech in terms that make it sound kind of … icky. It involves “sound bites, talking points and scripted messages that dominate the 24-hour news cycle,” in Justice Anthony Kennedy’s words. This sort of speech deserves protection for the same reasons that “flag burning, funeral protests and Nazi parades” do, in Mr. Roberts’s.Yet there has been one glaring exception to the majority’s hostility to campaign finance regulations: In the context of state judicial elections, they have upheld restrictions that they would be highly unlikely to tolerate in the context of nonjudicial elections. Tellingly, these cases describe judges in a manner that starkly contrasts with how they have described nonjudicial officeholders.As Mr. Kennedy put it in a 2009 case about when campaign spending required a state judge to recuse himself, “Precedent and stare decisis and the text and purpose of the law and the Constitution, logic and scholarship and experience and common sense, and fairness and disinterest and neutrality are among the factors at work” when judges consider cases — a far cry from the “sound bites, talking points and scripted messages” of nonjudicial political speech.And in a 2015 case upholding a Florida law that forbade candidates for judicial office from personally soliciting campaign contributions, Mr. Roberts, anachronistically appealing to the authority of Magna Carta, wrote that judges “cannot supplicate campaign donors without diminishing public confidence in judicial integrity” and concluded that “judges are not politicians, even when they come to the bench by way of the ballot.”Mr. Roberts’s protestations to the contrary notwithstanding, judges are political actors, and striking down federal election laws is an aggressive act of governance by the judiciary. And the justices’ language in these cases, holding up judges as noble instruments of the law and denigrating other officeholders as power-grubbing and superficial, serves to reinforce and justify the notion that they are uniquely qualified to govern us.Congressional OversightOn one day in 2020, the court decided two cases dealing with very similar subpoenas for information about President Donald Trump’s financial and business dealings. One set of subpoenas came from congressional committees; the other came from a New York State grand jury.Mr. Roberts wrote both opinions. In the case dealing with congressional subpoenas, he worried that Congress may aim to “harass the president or render him ‘complaisan[t] to the humors of the legislature.’” Accordingly, the subpoenas must be superintended by the courts, lest the legislature “‘exert an imperious controul’ over the executive branch and aggrandize itself at the president’s expense, just as the framers feared.” (The internal quotations there are from the Federalist Papers to provide a patina of antiquity.) He thus announced a multipart balancing test that applies only when Congress seeks the personal papers of the president.While that decision made the president a supercitizen vis-à-vis congressional subpoenas, the other opinion emphasized that he is just a regular citizen when it comes to judicial subpoenas. Unlike Congress, apparently, a grand jury requires “all information that might possibly bear on its investigation.” Whereas Mr. Roberts worried about Congress harassing the president, “we generally ‘assume[] that state courts and prosecutors will observe constitutional limitations.’”Not only do these opinions stymie congressional oversight — the papers were not handed over to the committees until nearly two years into the Biden administration — they also do so using language that elevates judicial institutions while denigrating legislative ones.Federal RegulationCongress is not alone; administrative agencies also bear the brunt of the justices’ disdain. In a series of recent cases that, for example, struck down the E.P.A.’s clean power plan for addressing climate change, the Republican-appointed justices have invented the so-called major questions doctrine. If they consider an issue major — and they have not told us what makes a question major beyond “vast economic and political significance” or “earnest and profound debate across the country” — then they will not allow an agency to regulate in that manner unless Congress has clearly stated that it may.To use an analogy: If a majority of justices determine that eating an ice cream cone is a major question, then it is not enough that Congress has empowered the agency to “eat any dessert it chooses.” It must legislate that the agency can “eat any dessert it chooses, including ice cream cones.” But Congress has no way of knowing whether eating an ice cream cone is major until it sees what a majority of justices have to say about it.In justifying this doctrine, the justices have raised the specter of out-of-control bureaucrats intruding on the liberty of citizens, undermining legal stability, serving only special interests and invading the domain of the states.You might think that this doctrine is meant to protect congressional power, except that it dictates to Congress how it must legislate, despite the fact that Congress has no way of knowing in advance what issues will be considered major. Moreover, as the legal scholar Beau Baumann has noted, Justice Neil Gorsuch and his colleagues have justified the doctrine on the grounds that Congress is too eager to delegate to agencies in order to avoid political responsibility, so the courts must keep Congress in line. In other words, the justices are paternalistically claiming to protect Congress from itself.***In all of these areas and in plenty more, the justices have seized for themselves an active role in governance. But perhaps even more consequentially, in doing so, they have repeatedly described other political institutions in overwhelmingly derogatory terms while either describing the judiciary in flattering terms or not describing it at all — denying its status as an institution and positioning it as simply a conduit of disembodied law.This is the ideological foundation for the Roberts-era judicial power grab.It is also worth noting that this ideological project is bipartisan. Republican-appointed justices dominate the court and have for many decades, but their Democratic-appointed colleagues — while dissenting in many individual opinions — evince no desire to contest the underlying disdain for other institutions or elevation of their own. When Mr. Roberts recently refused to testify before the Senate Judiciary Committee, nothing stopped Justices Sonia Sotomayor, Elena Kagan or Ketanji Brown Jackson from volunteering to testify, but they did not. Nothing is stopping them from publicly calling for a binding ethics code or from questioning not just the correctness but also the legitimacy of their institution’s assertiveness, but they have not.Recognizing the justices’ ideological project also points to the beginning of the solution. We ought to begin talking about the justices the way we talk about other political actors — recognizing that their first name is not Justice and that they, like other politicians, should be identified by their party.We should stop talking about another branch’s potential defiance of a judicial opinion as an attack on “the rule of law” and instead understand it as an attack on rule by judges, one that may (or may not) be a justified response to some act of judicial governance. And those other branches should be more willing — as they have at other moments in American history — to use the tools at their disposal, including cutting the judiciary’s funding, to put the courts in their place.In recent years, the judiciary has shown little but contempt for other governing institutions. It has earned a little contempt in return.Josh Chafetz (@joshchafetz) is a law professor at Georgetown and the author of “Congress’s Constitution.” This essay is adapted from a forthcoming article in The St. Louis University Law Journal.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Justices Must Disclose Travel and Gifts Under New Rules

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      The change comes as members of Congress have called for the justices to be held to ethics standards similar to those for the executive and legislative branches.WASHINGTON — Supreme Court justices will be required to disclose more of their activities, including some free trips, air travel and other types of gifts, according to rules adopted earlier this month.Under the new rules, justices and other federal judges must report travel by private jet, as well as stays at commercial properties, such as hotels, resorts or hunting lodges.The move comes as members of Congress have called for the justices, who have long faced less stringent reporting requirements, to be held to ethics standards similar to those for the executive and legislative branches.“To the extent this becomes a model for further activity for the Judicial Conference to clean up the Supreme Court mess, I think that’s significant,” said Senator Sheldon Whitehouse, a Democrat of Rhode Island who sits on the Judiciary Committee’s panel that oversees federal courts.Some advocates pushing for greater transparency on the court cautioned that the rules would be hard to enforce and that it would be nearly impossible to know whether a justice had failed to disclose a trip, flight or other perk.“The problem with any sort of transparency rule within the judiciary is the question of enforcement, the question of accountability,” said Gabe Roth, executive director of Fix the Court, an organization critical of the court’s transparency. Without additional requirements, including a quicker turnaround for disclosing travel and gifts and penalties for failures to comply, the new measures are likely to have a limited effect, Mr. Roth said.“The bar is so low that you can get credit for doing the bare minimum,” he said. “Small but significant is where I’m at.”The new rules, which went into effect March 14, were adopted by a financial disclosure committee of the Judicial Conference of the United States, the policymaking body for the federal courts.At a meeting in January, the committee discussed whether judges and justices would be required to file disclosures when they are hosted at commercial properties, such as resorts, according to a letter to Mr. Whitehouse from Judge Roslynn R. Mauskopf, the director of the Administrative Office of the United States Courts, which provides support for the court system.By federal law, justices must file forms each year disclosing financial ties, including gifts. However, the rules for travel that is considered “personal hospitality” were not clearly defined, including for stays at commercial properties or trips in which a third-party pays.It is unclear precisely how oversight and enforcement would work for the justices. A court spokeswoman declined to comment.The most common enforcement mechanism stems from the Judicial Conduct and Disability Act, which describes “misconduct” as “knowingly violating requirements for financial disclosure.” If an allegation arose, the chief judge of a circuit could review it and determine whether a punishment is warranted, but the act does not apply to the Supreme Court.Questions around travel by the justices have persisted for years, particularly since the death of Justice Antonin Scalia in 2016. Justice Scalia died while on a hunting trip at a lodge in West Texas owned by a businessman involved in a case that the court declined to hear in 2015.Justice Scalia, who had been staying at the ranch for free, had taken more than 250 subsidized trips from 2004 to 2014.In 2014 alone, he went on at least 23 privately funded trips, including to Ireland, Switzerland and Hawaii. Justice Scalia had been invited to the ranch by John Poindexter, owner of a Texas manufacturing firm. One of Mr. Poindexter’s companies, the Mic Group, had been the defendant in an age discrimination lawsuit by a former employee who had unsuccessfully sought review by the Supreme Court the year before.But Justice Scalia was hardly alone in accepting privately paid trips. From 2004 to 2014, Justice Stephen G. Breyer took 185 such trips, according to a database by the Center for Responsive Politics.The issue of privately paid travel also emerged in 2011, a year after the landmark campaign finance case Citizens United, which allowed unlimited corporate spending in elections. A liberal advocacy group, Common Cause, argued that Justices Scalia and Clarence Thomas should have recused themselves from hearing the case because they traveled to a political conference in Palm Springs, Calif., sponsored by the businessman Charles G. Koch, one of the biggest donors to Republicans.Legal experts greeted this month’s move with cautious optimism.“In my world of transparency and judicial ethics, what we had until now was little more than a joke,” said Stephen Gillers, a professor emeritus at the New York University School of Law who specializes in legal ethics. “The rules were very lax and tolerated circumvention, and now we’ve taken a giant step away from that.”However, he said there was still a long way to go toward transparency and accountability, pointing to the lag time between when a gift is received and when it must be reported. Justices have until May 15 of the year after receiving a gift before they must report it.In theory, if a justice “knowingly and willfully” failed to comply with the rules, the attorney general could bring a case. In practice, though, he said, that has never happened. He added that it was also impossible to know how individual justices would respond to the stricter rules.“There’s no enforcement mechanism at the Supreme Court,” he said. “It will be up to each justice.” More

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      Will U.S. Democracy Survive the Threats?

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      More from our inbox:Women, ‘Stay Loud’A Childhood HomeGet a Living WillIllustration of the American flag.Illustration by Matt ChaseTo the Editor:Re “Democracy Challenged,” by David Leonhardt (front page, Sept. 18):Your excellent, and frightening, article suggests that our democracy is facing two simultaneous crises: Republicans who refuse to accept defeat in an election, and a growing disconnect between political power and public opinion. But there is a third, equally serious danger.While it is critical to get rid of dark money (reversing Citizens United) and gerrymandering, and to set term limits on the Supreme Court, an equally significant element of the current nightmare is coming from social media.Indeed, the degree to which social media has not only ginned up but actually created some or much of the current social-cultural-political zeitgeist is not well understood or acknowledged. For all the positives it provides, social media has become a cancer on society — one that has metastasized and continues to do so, often with the full knowledge (and even complicity) of social media companies.If we are going to begin arresting, and then (hopefully) reversing, the crisis described in the article, we need to address the social media issue as urgently as we need to address the overtly political ones. Addressing the latter without the former simply will not do the job.Ian AltermanNew YorkTo the Editor:Our democracy and our constitutional republic are not only challenged, but are on the verge of collapse. Should the Republicans capture the House and the Senate in the midterm elections, I believe that it will be a long time before we have another free and fair election in this country.The G.O.P. has stacked state houses with MAGA Republicans who, if given the chance, will do what Donald Trump wanted done in 2020: refuse to certify the will of the voters. In other areas we are rapidly losing our freedoms. We are in danger of losing the right to choose whether or not to bring a child into the world, the right to read or watch whatever we choose, and in many cases, the right to vote.The Republican Party has developed into a race-baiting, hateful group of people, inspired and directed by Mr. Trump, and Americans need to beware the consequences of electing more of their ilk at the local, state and federal level.Henry A. LowensteinNew YorkTo the Editor:“Democracy Challenged” is a chilling portrait of the bitter ideological civil war raging in America today. While not a conflict exacting physical wounds for the most part, it is for many of us emotionally exhausting, compounded by the realization that no obvious relief or solution is evident. It is almost impossible to watch cable news or read the daily papers without feeling despondent about the widening philosophical gulf separating the two parties.It is ironic that Democratic-leaning states contribute more to the federal government than they receive, in effect subsidizing Republican state policies that Democrats strongly oppose.I look forward to future articles in which I can hopefully discover a nugget of hope.Howard QuinnBronxTo the Editor:Thank you for all of your efforts to highlight the challenges to democracy and fair elections, but what I believe you are failing to do is sell democracy. You assume that democracy will sell itself. It won’t. There was a time when it would, but not today.Not only do you need to sell democracy — that is, emphasize its benefits — but you also need to highlight the cons of the alternative.We must sell democracy as if our lives depended on it. Because they do.Dan BuchanCheyenne, Wyo.To the Editor:While David Leonhardt is correct, of course, that the Republican Party’s increasing inclination to refuse to accept defeat in an election constitutes an existential threat to our democracy, so, too, does the likelihood that some of the large number of election deniers now running for statewide or local positions of electoral authority will prevail in November.Such a calamitous result would mean that if the outcome of a subsequent election is called into question by a defeated, victimized Democrat with legitimate cries of foul, it will be met with derision and scorn by the faux patriot MAGA crowd, and upheld by judges and justices whose allegiance to one man outweighs any sense of loyalty to the Constitution they might once have held sacrosanct.Edward PellSanta Monica, Calif.Women, ‘Stay Loud’ Ruth Fremson/The New York TimesTo the Editor:“Trolls in Russia Schemed to Divide Women’s March,” by Ellen Barry (front page, Sept. 19), is a thorough, well-researched piece about how Russian trolls deliberately created discord within the Women’s March and across the women’s rights movement more broadly.While the details may be shocking to many, it’s old news that women are in the sightlines. Whether the actors are foreign or domestic, we’ve long been the targets of disinformation, harassment and violence, against our bodies and our freedoms.We’ve had to create programs like Digital Divas and Digital Defenders to combat disinformation, because it is still happening and only going to get worse as we fight back. In addition to digital spaces, we’re leaning on proven analog tactics, including get-out-the-vote training, phone banking and postcard mailing.Thousands of women, including many who have never volunteered before, are active ahead of the critical midterm elections to get people registered to vote and educated on the issues. We saw in the abortion referendum in Kansas last month how our efforts can succeed.Silence us, they will not. Women more than ever need to stay loud in the battle for equality. Neither a Russian bot nor a domestic terrorist will silence us into submission.Emiliana GuerecaLos AngelesThe writer is the founder and president of Women’s March Foundation and Action.A Childhood Home Marine BuffardTo the Editor:Re “Your Childhood Home Is in Front of You. Do You Go In?,” by Mark Vanhoenacker (Opinion guest essay, Sept. 12):I enjoyed this article, which described the pull toward one’s childhood home. As a psychiatrist, I begin my journey with patients by asking about their earliest years.“Who lived with you during your childhood?”“Were there any disruptive moves or departures?”By exploring these distant memories, I begin to understand their path to my office, and how I can help them shape a healthier future.If looking back is a positive experience, I may encourage those struggling with insomnia to imagine a virtual tour of their earliest home, focusing on even the most minute details. “What do you see as you look around your bedroom?”As a busy working mom, I find that this technique has helped me return to sleep despite my anxious mind, a soothing recall of a childhood filled with safety and love.Jennifer ReidMoorestown, N.J.Get a Living Will Emiliano PonziTo the Editor:Re “The Space Between Brain Death and Organ Donation,” by Daniela J. Lamas (Sunday Opinion, Sept. 18):It behooves everyone to make their wishes clear regarding organ donation (like on a driver’s license). Just as important, if not more so, is that each of us make our wishes clear regarding life support and other artificial means: respirator, feeding tube, etc.Making our wishes known in a living will not only has cost-saving implications but also assures our dignity.Pankaj GuptaEdison, N.J.The writer is a geriatrician. More

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      Ron DeSantis and Other Republicans Desecrate What Their Party Long Championed

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      In 2010, the Supreme Court held that “political speech does not lose First Amendment protection ‘simply because its source is a corporation.’” The case was Citizens United v. Federal Election Commission, and the conservative justices sided with a group barred by the government from airing a political documentary.Republicans used to celebrate that decision. “For too long, some in this country have been deprived of full participation in the political process,” said Mitch McConnell, then the majority leader. The Supreme Court, he added, “took an important step in the direction of restoring the First Amendment rights of these groups.”Mr. McConnell was standing up for a principle: People have a bedrock right to form associations, including corporations, and to use them to speak their minds.In the last few years, however, as large companies have increasingly agitated for left-of-center causes, many Republicans have developed a sudden allergy to corporate political speech, one that will have vast consequences for both the party and the nation.Disney’s Magic Kingdom Park in Florida.Ted Shaffrey/Associated PressConsider the recent drama in Florida. The evident retaliation by Gov. Ron DeSantis and his Republican allies against Disney, a major corporate player in their state, is part of a larger trend: What critics once called the party of big business is now eager to lash out at large companies and even nonprofits it deems inappropriately political — which in practice means anti-Republican.Conservatives angry at technology platforms over what they see as unfair treatment of right-of-center viewpoints have found a champion in a Republican senator, Josh Hawley of Missouri, who has introduced bills to reform legal protection for certain social media platforms and offered the Bust Up Big Tech Act. J.D. Vance, running in the Ohio Republican Senate primary, has suggested that we “seize the assets” of the Ford Foundation and other progressive NGOs; he also called for raising the taxes of companies that showed concerns about state-level voting legislation favored by Republicans last year. Leading right-wing commentators, from Tucker Carlson of Fox News to Ben Shapiro of The Daily Wire, cheer the efforts on.Too many conservatives seem to have no qualms today in wielding state power to punish their political opponents and shape the economy to their whims. This is not just a departure from the Republican consensus of the last half-century. It is a wholesale rejection of free markets and the very idea of limited government. It will make America poorer and the American people more vulnerable to tyranny.Republicans’ reversal is easy enough to explain: As companies increasingly accede to activist demands to make themselves combatants in a culture war, they have alienated broad swaths of the population. Twenty years ago, according to Gallup, fewer than half of Americans said they were somewhat or very dissatisfied with “the size and influence of major corporations.” Today, that number is 74 percent. Defending economic liberty is now passé. Taking on “big business” has become an effective way to score political points on the right, at least when the businesses are also seen as “woke.”The change may be politically expedient, but it will have grave costs. Conservatives once understood that free markets are an engine that produces widespread prosperity — and that government meddling is too often a wrench in the works. Choosing winners and losers, and otherwise substituting the preferences of lawmakers and bureaucrats for the logic of supply and demand, interferes with the economy’s ability to meet people’s material needs. If Republicans continue down this path, the result will be fewer jobs, higher prices, less consumer choice and a hampering of the unforeseen innovations that make our lives better all the time.But conservatives are turning on more than markets; they may be turning on the rule of law itself. The First Amendment prohibits the government from abridging people’s ability to speak, publish, broadcast and petition for a redress of grievances, precisely because the American founders saw criticizing one’s rulers as a God-given right. Drawing attention to errors and advocating a better path forward are some of the core mechanisms by which “we, the people” hold our government to account. The use of state power to punish someone for disfavored political speech is a gross violation of that ideal.The American economy is rife with cronyism, like subsidies or regulatory exemptions, that give some businesses advantages not available to all. This too makes a mockery of free markets and rule of law, transferring wealth from taxpayers and consumers to politically connected elites. But while ending cronyism is a worthy goal, selectively revoking privileges from companies that fall out of favor with the party in power is not good-government reform.One might doubt the retaliatory nature of Republicans’ corporate speech reversal, but for their inability to quit stepping in front of cameras and stating the quiet part aloud. In the very act of signing the law that does away with Disney’s special-purpose district and several others, Mr. DeSantis said this: “You’re a corporation based in Burbank, Calif., and you’re gonna marshal your economic might to attack the parents of my state. We view that as a provocation, and we’re going to fight back against that.”But if government power can be used for brazen attacks on American companies and nonprofits, what can’t it be used for? If it is legitimate for politicians to retaliate against groups for political speech, is it also legitimate to retaliate against individuals? (As Senator Mitt Romney once said, “Corporations are people, my friend.”) And if even the right to speak out is not held sacred, what chance do the people have to resist an authoritarian turn?Conservatives, confronting these questions, once championed free markets and limited government as essential bulwarks against tyranny. Discarding those commitments is not a small concession to changing times but an abject desecration, for cheap political gain, of everything they long claimed to believe.For decades, the “fusionist” governing philosophy — which, in bringing together the values of individual freedom and traditional morality, charges government with protecting liberty so that the people will be free to pursue virtuous lives — bound conservatives together and gave the Republican Party a coherent animating force. That philosophy would reject the idea that political officials should have discretion over the positions that companies are allowed to take or the views that people are allowed to express.The G.O.P. today may be able to win elections without fusionism, but it cannot serve the interests of Americans while wrecking the economy and undermining the rule of law.Stephanie Slade (@sladesr) is a senior editor at Reason magazine.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      in Elections

      Supreme Court Wary of Donor Disclosure Requirement for Charities

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      The case, from California, could affect the regulation of “dark money” in political contests.WASHINGTON — The Supreme Court on Monday seemed skeptical of California’s demand that charities soliciting contributions in the state report the identities of their major donors.A majority of the justices appeared to agree that at least the two groups challenging the requirement — Americans for Prosperity, a foundation affiliated with the Koch family, and the Thomas More Law Center, a conservative Christian public-interest law firm — should prevail in the case.It was less clear whether the court would strike down the requirement entirely for all charities as a violation of the First Amendment’s protection of the freedom of association. And the justices gave few hints about whether their ruling, expected by June, would alter the constitutional calculus in the related area of disclosure requirements for campaign spending.Justice Stephen G. Breyer repeated concerns expressed in supporting briefs that the case could have broad implications. “This case is really a stalking horse for campaign finance disclosure laws,” he said.In the context of elections, the Supreme Court has supported laws requiring public disclosure. In the Citizens United campaign finance decision in 2010, the court upheld the disclosure requirements before it by an 8-to-1 vote. In a second 8-to-1 decision that year, Doe v. Reed, the court ruled that people who sign petitions to put referendums on state ballots do not have a general right under the First Amendment to keep their names secret.If the approach of the groups challenging California’s requirement for charities were adopted, Justice Sonia Sotomayor said, “I don’t see how the public disclosure at issue in Doe would have survived.”Derek L. Shaffer, a lawyer for the challengers in Monday’s case, said that the electoral context was different and that charities needed protection given the nation’s volatile political climate. He added that California’s reporting requirement subjected donors to the real potential of harassment, particularly in light of the state’s history of failing to keep the donor lists secret.“Think about medical organizations that may take views about masking, about vaccinations,” he said.Contributing to a charity for Asian-Americans, he said, might have seemed uncontroversial not long ago. “But today, in 2021, sad to say,” he said, “it could be a life-or-death issue that their identities have been disclosed.”Justice Clarence Thomas appeared to agree that donors may be endangered by disclosures of their identities. “In this era,” he said, “there seems to be quite a bit of loose accusations about organizations — for example, an organization that had certain views might be accused of being a white supremacist organization or racist or homophobic.”The challengers received support from hundreds of groups across the ideological spectrum, including the Chamber of Commerce, the Cato Institute, the Electronic Frontier Foundation, the American Civil Liberties Union, and the NAACP Legal Defense and Educational Fund.Justice Brett M. Kavanaugh read from a supporting brief filed by the last two groups: “A critical corollary of the freedom to associate is the right to maintain the confidentiality of one’s associations, absent a strong governmental interest in disclosure.”The case, Americans for Prosperity v. Bonta, No. 19-251, concerned a requirement that charities file with California a copy of an Internal Revenue Service form that identifies major donors. Federal law requires the I.R.S. to keep the form confidential.California also promised to keep the forms secret, but it has not always done so. According to court papers, it had inadvertently displayed over 1,800 forms on its website. The state has said that it has imposed new security measures.Justice Samuel A. Alito Jr. said there was little reason to trust the state. “The brief filed by the A.C.L.U. and the NAACP Legal Defense Fund says that we should regard your system as a system of de facto public disclosure because there have been such massive confidentiality breaches in California,” he told Aimee A. Feinberg, a lawyer for California.She responded that a judge had said the state’s efforts “to rectify past lapses and to prevent them in the future were commendable.”Mr. Shaffer said California had other ways to investigate potential fraud, including by auditing individual charities.Justice Elena Kagan said not all charities objected to making their donors’ names public, suggesting that a blanket rule was not needed. “Most charities disclose their donors,” she said. “In fact, it’s part of their strategy, that the more disclosure there is, the more fund-raising and association there is.”Mr. Shaffer said that anything less than a ruling doing away with the requirement entirely for all charities “will be a Pyrrhic victory.” Requiring thousands of charities to litigate whether their donors could be subject to harassment would be, he said, a burden at odds with First Amendment freedoms.Elizabeth B. Prelogar, the acting United States solicitor general, proposed a middle ground that did not seem to interest the justices. She urged the Supreme Court to return the case to the federal appeals court in California for a fresh look at whether the two groups challenging the requirement had provided sufficient evidence that their own First Amendment rights had been violated. More