Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute, a $25 million-a-year organization that describes itself as “the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans.”
Shackelford read Thomas’ email aloud on a July 31 private call with his group’s top donors.
Thomas wrote that First Liberty’s opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.”
Shackelford said he saw Thomas’ support as evidence that judges, who “can’t go out into the political sphere and fight,” were thankful for First Liberty’s work to block Supreme Court reform. “It’s neat that, you know, those of you on the call are a part of protecting the future of our court, and they really appreciate it,” he said.
On the same call, Shackelford attacked Justice Elena Kagan as “treasonous” and “disloyal” after she endorsed an enforcement mechanism for the court’s newly adopted ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)
After the call, First Liberty sent a recording of the 45-minute conversation to some of its supporters. ProPublica and Documented obtained that recording.
Ginni Thomas did not respond to repeated requests for comment.
First Liberty Institute did not directly respond to ProPublica and Documented’s questions about the recording. Hiram Sasser, executive general counsel at First Liberty Institute, said in a statement: “First Liberty is extremely alarmed at the Leftist attacks on our democracy and judicial independence and is fighting to bring attention to this dangerous threat. It’s shameful that the political Left seems perfectly fine destroying democracy to achieve the court decisions they favor instead of working through democratic and constitutional means.”
The July 31 call led by Shackelford came shortly after President Joe Biden had announced support for a slate of far-reaching Supreme Court changes. Biden endorsed term limits for justices, a constitutional amendment reversing the court’s recent presidential immunity decision and a binding ethics code for the court’s nine members. Kagan’s comments came before Biden’s. She did not mention any of the structural proposals Biden endorsed.
On the donor call, Shackelford voiced strong opposition to various court reform proposals, including the ones floated by Biden, as well as expanding the size of the court. All of these proposals, Shackelford said, were part of “a dangerous attempt to really destroy the court, the Supreme Court.” This effort was led by “people in the progressive, extreme left” who were “upset by just a few cases,” he said.
This is not the first time that a spouse of a Supreme Court justice injected themselves into controversial political matters. Ginni Thomas sent dozens of messages after the 2020 election that echoed then-President Donald Trump’s baseless claims of election fraud. In messages to then-White House chief of staff Mark Meadows, Thomas said “Biden and the Left is attempting the greatest Heist of our History” and urged Trump to not concede the election. In emails to Arizona and Wisconsin lawmakers, she pleaded with them to fight back against supposed fraud and send a “clean slate of Electors.” She later wrote, “The nation’s eyes are on you now. … Please consider what will happen to the nation we all love if you do not stand up and lead.” (Thomas said in 2022 she regretted sending the inflammatory messages to Meadows.)
Martha-Ann Alito, the wife of Justice Samuel Alito, faced scrutiny for flying an upside-down American flag at the family’s Virginia home — a symbol used by the Stop the Steal movement that claimed the 2020 election had been stolen from Trump. The flag flew outside the Alito home as the Supreme Court was deciding whether to hear a case related to the 2020 election. (Samuel Alito told The New York Times he had no role in flying the flag. He said his wife did it in response to “a neighbor’s use of objectionable and personally insulting language on yard signs.”)
The push to change how the court functions grew after a series of ProPublica stories showed that wealthy Republican donors have showered Thomas and Alito with free gifts and travel that they failed to disclose. Following ProPublica’s reporting, Thomas amended past disclosure reports, and the Supreme Court adopted the ethics code, its first ever.
Thomas and Alito have said they weren’t required to disclose free flights or hospitality from friends.
First Liberty has been at the forefront of a decadeslong and successful effort to expand the First Amendment rights of religious groups, even as those interests can collide with other constitutional principles like maintaining the separation of church and state or providing equal protection for protected classes.
In the last several years, First Liberty has notched big victories. In June 2022, the Supreme Court’s six conservatives ruled in favor of several Maine families represented by First Liberty and the Institute for Justice, a libertarian-leaning legal advocacy group, when it struck down the state’s ban on using public funding to pay for religious schooling. Days later, the six conservatives ruled again in favor of a First Liberty plaintiff — in this case, a former football coach at a Washington state public high school who had been fired for praying on the field after games. The conservative majority said the coach had been wrongly removed from his job, a decision hailed by religious groups and criticized by some experts who said it would now be more difficult for public schools to keep education separate from religion.
First Liberty has also represented a bakery in Oregon whose owners refused to make a cake for a same-sex wedding, citing their religious beliefs; religious groups that opposed the Biden administration’s COVID-19 vaccine mandate; and nearly three dozen Navy SEALs and military members who refused to be vaccinated for the virus on the basis of their faith. In all the cases, First Liberty’s plaintiffs won partial or full victories in lower courts or at the Supreme Court.
Shackelford, who is First Liberty’s president and CEO, has led the group for nearly three decades. His influence extends into the broader conservative movement. House Speaker Mike Johnson, a former First Liberty attorney, once called Shackelford a mentor. Shackelford has served as vice president of the Council for National Policy, an umbrella group that brings together conservative leaders and deep-pocketed donors. He also works closely with Ziklag, the secretive network of ultrawealthy conservative Christians that aims to “take dominion” over every major sphere of influence in American culture. According to internal Ziklag newsletters obtained by ProPublica and Documented, Shackelford has participated in Supreme Court prep sessions and appeared on strategy conference calls organized by the group.
On the July 31 donor call, Shackelford kept the focus squarely on the mounting calls to reform the Supreme Court. In addition to Biden’s proposals, several groups, including prominent liberal legal outfits, have proposed other changes including term limits and stronger ethics guidelines. And earlier in July, the Brennan Center for Justice at NYU Law said it had received a $30 million gift from the private-equity investor Jim Kohlberg to create a new project that will “seek reform of the Supreme Court.”
Shackelford described all of this — Kagan’s speech, Biden’s announcement, the $30 million donation — as if it was a coordinated effort. “They’re doing everything in their power,” he told the donors. “They’re hitting from every direction.” The “extreme left,” he explained, was “upset by just a few cases, but that’s all they need to say, ‘We’re ready to totally’ — they would call ‘reform’ or ‘restructure’ the court — but almost everything they propose would actually destroy the court.”
He aimed his fiercest criticism on the donor call at Kagan. “That is incredible, somewhat treasonous, what Kagan did,” Shackelford said. “The chief justice rules the court. They’re trying to keep the other branches’ hands off of them. And then you’ve got Kagan from the inside really being somewhat disloyal and somewhat treasonous in what she’s doing.”
Shackelford accused ProPublica of being part of a campaign to “delegitimize or get rid of the court.” He said that the ethics lapses unearthed by ProPublica’s reporting were “false” and “baseless,” even though they helped spark the creation of a new ethics code and led to Thomas filing new financial disclosure forms, in effect admitting that he had failed to disclose certain gifts.
ProPublica stands behind all of the stories in its “Friends of the Court” series. Donors do not have access to stories ahead of their publication, and they have no say over coverage decisions.
Turning to what his donors could do to help, Shackelford said that prayer was at the top of the list. “This is a spiritual battle,” he said. “Because the evil that will occur if we lose the rule of law is beyond, I think, what any of us can even think through.”
But First Liberty needed more than prayer — it also needed money. “We need resources to be able to do a bunch of the things that will make a difference between now and the next six months. And that turned out to be key last time,” he said, referring to a similar instance in 2021 and 2022.
Near the start of the Biden presidency, he said, First Liberty raised $3 million to run a campaign that sought to block efforts to add more justices to the high court and to reform or eliminate the filibuster in the U.S. Senate. Getting rid of the filibuster then would’ve removed the 60-vote procedural hurdle that currently exists for most types of legislation.
According to Shackelford, First Liberty conducted polling, ran advertisements, worked with social media influencers and urged Congress to oppose these changes. In particular, Shackelford said, his group focused its activities on convincing Democratic Sens. Joe Manchin and Kyrsten Sinema to oppose filibuster reform.
In the end, both senators did just that. “We stopped this from happening,” Shackelford said. (Spokespeople for Manchin and Sinema did not respond to requests for comment.)
But now, he went on, First Liberty needed more money if it wanted to mount a similar campaign to stop Supreme Court reform. He mentioned the Brennan Center’s recent $30 million gift and then asked, “Where’s our, you know, $10 million guy or gal?”
And to anyone who wondered about the odds that Supreme Court reform would actually happen, Shackelford responded: “I don't know. I mean, 25%? 30%? Whatever it is, it’s amazing how big that is when you consider that our country will be over and the rule of law will be over.”
Before the call ended, Shackelford wanted his “very top supporters” to know that they had the support in this fight from key figures in high places. He said that a First Liberty staffer based in Washington, D.C., had recently been in a meeting with Ginni Thomas. Afterward, Thomas sent the email that praised First Liberty for joining the fight against Supreme Court reform.
“‘Great to meet through the meetings today,’” Thomas wrote, according to Shackelford, who read the email aloud to the donors. “‘I cannot adequately express enough appreciation for you guys pulling into reacting to the Biden effort on the Supreme Court,” she said, adding, “Many were so depressed at the lack of response by R’s and conservatives” to recent court-reform proposals. The rest of Thomas’ email, Shackelford said, was the all-caps gratitude.
Do you have any information about the Supreme Court and efforts to block court reform that we should know? Andy Kroll can be reached by email at andy.kroll@propublica.org and by Signal or WhatsApp at 202-215-6203.
