Education is Elevation
Education Is Elevation is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Opening: Name the Villain There is a man walking around this country who handpicked the judges deciding whether your grandmama can vote without standing in a four-hour line, whether your daughter controls her own body, whether your kids drink clean water, and whether your nephew gets a fair shot at the university your tax dollars built, and most of y’all could not pick this man out of a lineup. His name is Leonard Leo. Former executive vice president of the Federalist Society, current co-chairman of its board of directors, and the single most consequential unelected man in American law. I almost want to say his name backwards — Leo Leonard — because this man got the whole court moving backwards, and backwards is exactly the direction his investors paid for. Let me put the receipt on the table before anybody accuses me of feelings. Leo was personally instrumental in placing the last three justices on the Supreme Court — Gorsuch, Kavanaugh, Barrett — and his fingerprints sit on six of the nine seats when you trace the Federalist Society pipeline back through Roberts, Alito, and Thomas’s confirmation defense operations. Then in 2021, a 90-year-old electronics mogul named Barre Seid handed Leo’s brand-new nonprofit, the Marble Freedom Trust, the entirety of his company Tripp Lite, which the trust promptly sold for $1.6 billion — the largest known political donation in American history, structured so slick that Seid dodged as much as $400 million in capital gains taxes on the way out the door. One political operative. One point six billion dollars. Zero votes cast by you. Feel me? Some of y’all gonna say, iMa bE “the Supreme Court is too conservative is just your opinion.” Two things can be true. “Too conservative” is an opinion. “Leonard Leo controls a $1.6 billion war chest that he used to handpick and confirm the justices who delivered that conservative supermajority” is a documented, tax-filed, ProPublica-and-New-York-Times-verified fact. Facts don’t cancel feelings, kinfolks — facts sit right next to feelings and tell you your feelings been right the whole time. Public confidence in this Court has cratered to historic lows, hovering around one in five Americans in recent polling, and that ain’t because the people are confused. The people can smell capture. The Maze: How Dark Money Stays Dark Leo did not build one organization, because one organization can be tracked, subpoenaed, and shamed. He built a maze. The Judicial Crisis Network ran the attack ads against Merrick Garland and the defense ads for Kavanaugh; in 2020 it rebranded as the Concord Fund. The Judicial Education Project rebranded as the 85 Fund, which also operates under the trade name Honest Elections Project — the same outfit pushing voting restrictions and the independent state legislature theory. CRC Advisors manages the messaging. The Marble Freedom Trust sits on top holding the billion, organized as a trust specifically so it discloses less than a corporation would. Money moves from one pocket to another pocket on the same coat, and every transfer adds a layer of fog between the donor and the damage. Crazy how the maze keeps renovating itself right when the watchdogs get close. After a complaint landed with the D.C. attorney general, the 85 Fund pulled up stakes and re-registered in Texas. Then in January 2026 — yes, this year — the Concord Fund filed articles of termination and dissolved, while new entities like the Lexington Fund and the Publius Fund, formed by the same Leo-network lawyers and carrying the old trade names in their back pockets, started steering millions into state attorneys general races and the 2026 midterms. The organization dies; the money never does. That’s not a charity, y’all. That’s a shell game with a 501(c) stamp on it. Apply Mills here. Charles Mills taught us the racial contract depends on an epistemology of ignorance — a structured, manufactured not-knowing that lets the beneficiaries of domination claim clean hands. Dark money is the epistemology of ignorance with a bank account. The whole design is that you are not supposed to know who paid for the judge who just took your rights, so the ruling lands on you like weather instead of like policy. Naming Leo breaks the spell. The fog is the product. Click The Link Sign now to support SCOTUS REFORM! [https://act.link/gi-yrwcl] Critical Historical Context: This Court Was Never Neutral Now let’s back this thing up, because the folks clutching pearls about “politicizing the Court” are running a tired playbook that depends on you not knowing your history. The Supreme Court has been a political instrument of racial order since before your great-great-grandmother was born. Dred Scott (1857) declared Black people had no rights the white man was bound to respect. United States v. Cruikshank (1876) took the Colfax Massacre — white paramilitaries slaughtering Black Republicans defending a courthouse — and ruled the federal government couldn’t protect Black citizens from private white violence, handing Reconstruction its death certificate. Plessy (1896) blessed apartheid for six decades. Du Bois called the destruction of Reconstruction a counter-revolution of property, and the Court was that counter-revolution’s law firm. The view from nowhere has always been a view from somewhere, and that somewhere has historically been the big house. Here’s the part they really don’t teach, and for the people in the back I need you to hold this one: the Constitution does not set the number of Supreme Court justices. Article III is silent on it. Congress sets the number by simple statute, and Congress has changed it seven times in American history — six justices in 1789, five in 1801, seven in 1807, nine in 1837, ten in 1863, back down to seven in 1866, and nine again in 1869, where it has sat ever since. Read that 1866 move again. Congress shrank the Court on purpose, specifically to stop President Andrew Johnson — the man busy strangling Reconstruction in its crib — from appointing justices. Court size has been a political tool wielded over questions of Black freedom since Reconstruction itself. So when somebody tells you expansion is some radical, unprecedented scheme, just admit you skipped the nineteenth century. There is no constitutional amendment required. It is an act of Congress. Senator Ed Markey and Representative Hank Johnson’s Judiciary Act would expand the bench from nine to thirteen — one justice per federal circuit, which is exactly how the number was originally pegged in the first place. This means the “institutionalists” are wrong. The two-roles frame applies: what they SAY is that they’re protecting the Court’s legitimacy from politics; what the position structurally DOES is freeze in place a majority that one man’s billion dollars built, and call that freeze “neutrality.” Having the luxury to treat a captured court as settled furniture is a sign of who the capture was never going to hurt. Apply Bell here — Derrick Bell’s permanence-of-racism thesis predicts exactly this: every formal gain gets a structural counterattack, and the counterattack always arrives dressed in procedure. What the Supermajority Took: The Receipts Just in case some of y’all still asking what the impact of this conservative supermajority has actually been, let’s run the receipts. They gutted the Voting Rights Act — Shelby County v. Holder (2013) killed preclearance and Brnovich (2021) sanded down what was left of Section 2, and polling places across the Black South started disappearing the very week Shelby dropped. They overturned Roe with Dobbs (2022). They came for your water and air — Sackett v. EPA (2023) stripped Clean Water Act protection from millions of acres of wetlands, and Loper Bright (2024) overturned Chevron deference, kneecapping every federal agency that stands between a polluter and your faucet. They took race-conscious admissions with SFFA v. Harvard (2023). They killed student debt relief for forty-three million borrowers in Biden v. Nebraska (2023). Then they handed presidents broad criminal immunity in Trump v. United States (2024). Every single one of those majorities was assembled, advertised, and defended by money moving through Leonard Leo’s maze. That’s not a court drifting right. That’s a return on investment. Gil Scott-Heron got something for this moment. A rat done bit my sister Nell — but Leonard Leo’s sitting on $1.6 billion. Her face and arms began to swell — and the Concord Fund dissolved itself before the auditors called. I can’t pay no doctor bill, my kids’ school can’t pay no light bill — but one billionaire’s tax-dodged fortune is out here buying state attorneys general like trading cards. Whitey’s not on the moon this time, y’all. Whitey’s on the bench, with lifetime tenure, and your public school’s art program paid the launch costs. Click here Fight Back Against Leo and Sign Petiton [https://act.link/gi-yrwcl] The Education Implication: This Is a Schoolhouse Story I’m an educator, so let me bring this home to the schoolhouse, because court capture is an education story from top to bottom. SFFA tooken race-conscious admissions, and the first enrollment cycles after it showed Black student numbers dropping at selective institutions — the exact doors the Second Reconstruction pried open getting quietly re-locked by judicial decree. Carson v. Makin (2022) and Espinoza (2020) ruled that when states fund private education, they must fund religious schools too, accelerating the voucher pipeline that drains public school budgets in Black and brown districts — and remember, the modern “school choice” movement was born as massive resistance to Brown v. Board, with segregation academies cashing the first vouchers. Biden v. Nebraska kept the boot on borrowers, and Black borrowers — who hold disproportionate debt because our families were systematically stripped of the intergenerational wealth that pays white kids’ tuition — took the hardest hit. Loper Bright gutted the Department of Education’s regulatory muscle right as the department itself was being dismantled politically, which means Title VI civil rights enforcement, Title IX protections, and predatory-college accountability all got softer at once. Then there’s the part nobody connects: the Honest Elections Project — a trade name of Leo’s 85 Fund — pushes the voting restrictions that decide who sits on your school board. The same money that picked your justices is shaping who bans your books. Court capture and curriculum capture are the same project wearing two different suits. Freire told us education is never neutral — it either functions as an instrument of conformity or as the practice of freedom. Leo’s network understood that better than most of our side did, and they spent three decades and billions acting on it while we were told to wait on the next election. Intersectional Material Impacts: Who Carries the Weight Intersectional analysis is not a garnish on this plate, it’s the plate. Apply Crenshaw here — these rulings don’t land on abstract “Americans,” they converge on bodies sitting at the intersection of race, gender, class, and geography. Dobbs lands hardest on Black women, who already die from pregnancy-related causes at roughly three times the rate of white women, concentrated in the same Southern states that slammed clinic doors the moment the ruling dropped — states where Shelby had already made it harder for those same women to vote the policy out. SFFA lands hardest on Black women, who have been among the most consistent beneficiaries of race-conscious admissions. The Combahee River Collective told us in 1977 that if Black women were free, everybody would be free, because our freedom requires dismantling every system of oppression at once — flip it, and you see why a court built to re-entrench every hierarchy at once finds Black women standing at the center of the blast radius. Class and disability sit in the wreckage too: student debt cancellation killed, agency protections for workers and disabled folks weakened, 303 Creative (2023) opening the door to licensed discrimination against LGBTQ people — and Black queer and trans folks catch that one twice. Environmental deregulation through Sackett and the death of Chevron deference is environmental racism with a gavel, because the fenceline communities breathing the benzene and drinking the lead are Black, brown, Indigenous, and poor — ask Flint, ask Cancer Alley, ask Jackson, Mississippi. Liberalism is a hell of a drug, and the purest cut is believing a court can be “depoliticized” while its rulings redistribute life chances upward and whiteward every single term. Two roles, one bench: what they say is originalism; what it does is racial capitalism’s legal department — apply Robinson here, because antiblackness is not a glitch in the accumulation machine, it is the engine. Closing: Convert the Read Into the Ask So here’s where I close the loop on the cartoon villain I opened with. Leonard Leo matters as a name because abstract “court capture” feels like weather, and weather makes people passive — a name makes it personal, traceable, and fightable. The organization Court Defenders and the broader defend-our-courts movement got receipts we can all learn from, and the remedy is sitting in plain sight with two centuries of precedent behind it: Congress has changed the size of the Court seven times, expansion to thirteen justices requires nothing but an act of Congress, and the only thing standing between here and there is political will — which is to say, organized people outlasting organized money. By insisting the Court is neutral, untouchable, and frozen at nine, the institutionalists are making the capture visible — they’re telling on the whole arrangement, because you only sanctify the referee after your team bought him. Every accusation is a confession: the same crowd that screamed “court packing” spent thirty years and $1.6 billion literally packing the court. Don’t let them piss on us and tell us it’s raining. Learn the history. Say the man’s name. Support the organizers doing court-reform work. The facts are sitting right next to your feelings, kinfolks, and they’re both telling you the same thing. Education Is Elevation. Five Key Takeaways * One unelected man, six of nine seats. Leonard Leo — former Federalist Society executive VP, current board co-chair — was instrumental in seating the last three justices and shaping the pipeline behind six of the nine, then took control of a $1.6 billion dark money war chest, the largest known political donation in U.S. history. * Dark money is designed fog. The Judicial Crisis Network became the Concord Fund, the Judicial Education Project became the 85 Fund (a.k.a. Honest Elections Project), the Concord Fund dissolved in January 2026 while the Lexington Fund picked up the bag — the maze exists so you can’t connect the donor to the damage. * The Court was never neutral. From Dred Scott to Cruikshank to Plessy to Shelby, the Supreme Court has repeatedly served as the legal department of racial order — “Reconstruction in reverse” is the pattern, not the exception. * Court expansion is normal American history. The Constitution does not set the Court’s size; Congress has changed it seven times — including shrinking it in 1866 specifically to block Andrew Johnson — and the Markey–Johnson Judiciary Act (nine to thirteen, one justice per circuit) requires only a simple act of Congress, not an amendment. * Education is the battlefield. SFFA, Carson v. Makin, Biden v. Nebraska, and Loper Bright form a coordinated judicial assault on educational access, public school funding, debt relief, and civil rights enforcement — while the same network’s voting-restriction arm shapes who controls your school board. Become a Paid Subscriber: Fund the Counter-Curriculum Let me keep it all the way real with y’all before you close this tab. You just read a piece that named Leonard Leo, traced $1.6 billion through a maze of dissolving nonprofits, pulled the 1866 receipt that your civics class never handed you, and connected the bench to the schoolhouse to your grandmama’s polling place. Leo’s side spent three decades and billions building an infrastructure to control what courts decide and — through vouchers, book bans, and school board capture — what children learn. The counter to captured infrastructure is independent infrastructure. That’s what this is. I’m fighting to fill a critical void left by the retreat of public education media. I document and teach the histories, legal frameworks, and cultural knowledge that are being systematically erased or distorted. With no corporate backing or wealthy sponsors, this work depends entirely on readers like you. As a Black educator and researcher my work depends entirely on a community of readers, not corporate sponsors. If everyone reading this became a paid subscriber, we could build a full-time digital sanctuary: a new, independent source of PBS-depth reporting and curriculum, centered on Black expertise. But right now, less than 1% of my followers are paid subscribers. Education Is Elevation is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Related Readings: The Receipts Shelf Books * W.E.B. Du Bois, Black Reconstruction in America (1935) — the counter-revolution of property, and the Court’s role in killing the First Reconstruction. * Derrick Bell, Faces at the Bottom of the Well: The Permanence of Racism (1992) — why every gain triggers a structural counterattack. * Charles W. Mills, The Racial Contract (1997) — the epistemology of ignorance; dark money as manufactured not-knowing. * Cedric Robinson, Black Marxism: The Making of the Black Radical Tradition (1983) — racial capitalism as the engine, not the glitch. * Jane Mayer, Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right (2016) — the donor infrastructure Leo plugged into. * Senator Sheldon Whitehouse with Jennifer Mueller, The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court (2022) — the capture, mapped from inside the Senate. * Steven M. Teles, The Rise of the Conservative Legal Movement (2008) — how the Federalist Society farm system was built. * Amanda Hollis-Brusky, Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (2015) — the network’s intellectual supply chain. * Carol Anderson, One Person, No Vote: How Voter Suppression Is Destroying Our Democracy (2018) — the post-Shelby landscape on the ground. * David Daley, Antidemocratic: Inside the Far Right’s 50-Year Plot to Control American Elections (2024) — Leo, the Honest Elections Project, and the election-law front. * Kimberlé Crenshaw, “Demarginalizing the Intersection of Race and Sex” (1989) — the analytic for reading who carries the rulings’ weight. * The Combahee River Collective Statement (1977) — interlocking systems, and why Black women’s freedom is the measure. Investigations & Primary Documents * ProPublica — “We Don’t Talk About Leonard” series and the original reporting (with The Lever) confirming the $1.6 billion Seid-to-Marble Freedom Trust transfer (2022–2023). * The New York Times — Kenneth P. Vogel & Shane Goldmacher, first report on the record-setting Seid donation (August 2022). * OpenSecrets — ongoing reporting on the Leo network, including the 2026 reporting on the Concord Fund’s dissolution and the Lexington Fund’s midterm spending. * NOTUS — 2026 reporting on the Leo network’s reorganization ahead of the midterms. * Rolling Stone — Andrew Perez’s reporting on the 85 Fund’s Texas re-registration and the Publius/Lexington Fund formations (2024). * U.S. Senate Democrats, “Captured Courts” report (2020) — the official map of the dark money judicial pipeline. * The Judiciary Act (Markey–Johnson) — bill text and one-pagers via congressional offices. * United States v. Cruikshank, 92 U.S. 542 (1876); Shelby County v. Holder, 570 U.S. 529 (2013); Dobbs (2022); SFFA v. Harvard (2023); Biden v. Nebraska (2023); Sackett v. EPA (2023); Loper Bright (2024); Trump v. United States (2024) — read the rulings, not just the headlines. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit theconsciouslee.substack.com/subscribe [https://theconsciouslee.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]
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