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The Scheme by Jennifer Mueller & Senator Sheldon Whitehouse
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The Scheme

How the Right Wing Used Dark Money to Capture the Supreme Court

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Narrator Charles Constant

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Length 8 hours 1 minute
Language English
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Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse here turns his attention to the right-wing scheme to capture the courts, and how it influenced the Trump administration's appointment of over 230 "business-friendly" judges, including the last three justices of the United States Supreme Court.

Whitehouse traces the motive to control the court system back to Lewis Powell's notorious memo, which gave a road map for corporate influence to target the judiciary, and chronicles a hidden-money campaign using an armada of front groups and helped by the infamous Citizens United Supreme Court decision. The scheme utilized the Federalist Society as an appointments turnstile, spent secret millions to support the nominees, orchestrated an "amicus brief" signaling apparatus, and propped up front-group litigants to "fast-lane" strategic test cases to the friendly justices.

Whitehouse finds the same small handful of right-wing billionaires and corporations running operations that he likens to "covert ops," ultimately enticing the Senate to break rules, norms, and precedents to confirm wildly inappropriate nominees who would advance the anti-government agenda of a small number of corporate oligarchs.

Jennifer Mueller has worked as a judicial clerk, big-firm litigator, policy consultant, law school professor, mediator, coach, writer, and, once upon a time, as an English teacher at the State Language School in Prague. Mueller represented the sponsors of BCRA in McConnell v. FEC as an associate at WilmerHale, and she has published several academic articles about political participation. Today she works with clients in the public, private, and philanthropic sectors and coaches Public Voices Fellows with The OpEd Project. A native of New Jersey and longtime DC resident, she received her undergraduate degree from UNC-Chapel Hill and her law degree from Harvard.

Sheldon Whitehouse represents Rhode Island in the US Senate. He has served as his state's United States Attorney and as the state Attorney General, as well as its top business regulator. The author of Captured and The Scheme, he lives in Newport, Rhode Island.

Actor Charles Constant's professional storytelling career began at the age of thirteen, when he became an Actors' Equity Association apprentice. After training in Chicago and London, he went on to appear onstage in theaters across the country. Charles was chosen by Mark Cuban to narrate his book How to Win at the Sport of Business, and his work on Into the Crossfire became an Audible Listener Favorite in February 2014. Publishers Weekly says that he provides "strong" narration and finds his voice to be "deep and assertive."

Buy one get one free

This month only!

Become a member and shop our members-only, 10th anniversary buy-one-get-one sale in support of local bookstores.

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Celebrate our 10th Anniversary with giveaways, merch, and more! Learn more