Anonymous donors give millions to steer fight over Kavanaugh court nomination

WASHINGTON – Millions of dollars from anonymous donors are helping shape the fight over President Donald Trump’s Supreme Court nominee as Republicans and Democrats undertake a bruising battle for ideological control of the nation’s loftiest tribunal.

Even before Trump’s announcement Monday that he had picked Brett Kavanaugh, a federal appeals court judge, advocacy groups had begun lining up for and against the nomination and said they would spend heavily to influence the outcome of what’s expected to be a tumultuous confirmation process.

One of the most prominent groups on the right, the Judicial Crisis Network, said it’s prepared to spend as much as $10 million or more in a pro Kavanaugh advertising campaign that includes targeting vulnerable Senate Democrats. The liberal Demand Justice has spelled out plans for a $5 million effort to oppose Kavanaugh, beginning with ads aimed at pressuring moderate Republicans.

While the groups’ positions on Kavanaugh are clear, their sources of cash aren’t.

The anonymity is made possible by federal rules that permit groups structured as tax-exempt social welfare organizations to shield the identities of benefactors. The upshot is that deeppocketed donors may wield significant influence without ever revealing who they are, unless they choose to.

Brendan Fischer of the nonprofit Campaign Legal Center said the arrangement is problematic because the public has no way of knowing whether the donors have a specific interest in a matter that may come before the Supreme Court. It also allows the donors to be rewarded by strategically disclosing their donations to people in positions of authority in Washington.

“This secrecy prevents the public from evaluating these messages and keeps legislators from properly weighing the lobbying pressures to which they are subjected,” he said.