Here is a superb recent investigative article from “ProPublica” that highlights the Koch network’s reach. But it also shows how Koch “libertarian” capitalist influence is also embedded in other old “Establishment” institutions where joint socializing with LIBERAL billionaires goes on too.
Here is a fascinating glimpse into the Koch family shared “campground” at ultra-private ultra-exclusive “Bohemian Grove” summer gatherings. The article is titled Clarence Thomas Secretly Participated in Koch Network Donor Events.*
The Koch network is an overlapping set of nonprofits perhaps best known
for its work helping cultivate the Tea Party movement in the Obama years. Recently rebranded as Stand Together, the network includes the powerful Americans for Prosperity Action, which spent over $65 million supporting Republican candidates in the last election cycle….
For decades, the Kochs have held deep antipathy to government regulation. When Charles Koch’s brother David ran for vice president on the Libertarian Party ticket in 1980, the party platform called for abolishing the Environmental Protection Agency, the Department of Energy and the Food and Drug Administration.
To score an invite to the summit, donors typically have to give at least $100,000 a year. Those who give in the millions receive special treatment, including dinners with Charles Koch and high-profile guests….
In the 15 years since, the Koch network has left a deep imprint on American society. Its advocacy is credited with helping stamp out Republican Party support for combating climate change, once an issue that drew bipartisan concern. The “
full weight of the network” was thrown behind passing the 2017 Trump tax cut,
securing a windfall for the Kochs and their donors. And the upcoming Supreme Court term could bring the network a victory it has pursued for years: overturning a major legal precedent known as Chevron.
While most Americans aren’t familiar with the 1984 case Chevron v. NRDC, it’s one of the Supreme Court’s most-cited decisions. Legal scholars sometimes mention it in the same breath as Brown v. Board of Education and Roe v. Wade. In essence, Chevron is about government agencies’ ability to issue regulations. After a law is enacted, it’s generally up to agencies across the government to make detailed rules putting it into effect. The Chevron decision said courts should be hesitant to second-guess the agencies’ determinations. In the years that followed, judges cited Chevron in upholding rules that protect endangered species, speed up the approval process for new cellphone towers and grant benefits to coal miners suffering from black lung.
The Koch network has challenged
Chevron in the courts and its lobbyists have pushed Congress to pass a law nullifying the decision. It has also provided
millions of dollars in grants to law professors making the case to overturn it.
The network’s position has become increasingly popular in recent years. Once broadly supported by academics and judges on the right, Chevron is now anathema to many in the conservative legal movement. And there’s no more prominent convert than Thomas.
In 2005,
Thomas wrote the majority opinion in a case that expanded Chevron’s protections for government agencies. Ten years later, he was openly questioning the doctrine. Then in 2020, Thomas
renounced his own earlier decision, writing that he’d determined the doctrine is unconstitutional after all — a rare reversal for a justice with a reputation for being unmovable in his views….
The Supreme Court announced it would take up a case,
Loper Bright Enterprises v. Raimondo, in which Koch network staff attorneys represent the plaintiffs. If Thomas and his colleagues side with them this coming term, Chevron will be overturned once and for all.
Without Chevron, “any place you would need regulation to address a pressing social problem, it’s going to be more costly to get it, harder to implement it and it’s not going to go as far,” said Noah Rosenblum, a professor at New York University School of Law….
Charles and David Koch’s access to Thomas has gone well beyond his participation in their donor events. For years, the brothers had opportunities to meet privately with Thomas thanks to the justice’s regular trips to the Bohemian Grove, an all-male retreat that attracts some of the nation’s most influential corporate and political figures. Thomas has been a regular at the Grove for 25 years as Harlan Crow’s guest, according to internal documents and interviews with dozens of members, other guests and workers at the retreat….
The Grove is an exclusive, two-week party held in the Sonoma County redwoods every July. A member or his guest can wander from the Grove’s shooting range to a lecture by Blackwater founder Erik Prince, or from a mint julep party to a performance by the Grove’s symphony orchestra. Wine, sometimes at $500 a bottle, flows freely, and late at night, members consume clam chowder and chili by the gallon. More than one attendee recalled walking outside in the morning to find a former cabinet secretary who fell asleep drunk in the grass.
There’s a saying among the Bohemians, as the club’s members call themselves: The only place you should be publicly associated with the Grove is in your obituary. That privacy is paramount, members said, in part to allow the powerful to speak freely — and party — without worrying about showing up in the press. Only designated photographers are allowed to take pictures. Cellphones are strictly forbidden….
Other justices have Grove connections too. The mid-20th-century Chief Justice Earl Warren was a member. Among modern justices, Thomas appears to have been the most frequent guest….
The Grove is broken up into more than 100 “camps,” essentially adult fraternity houses where the same group of men stay together year after year. Hill Billies was George H. W. Bush’s camp. Nancy Pelosi’s husband has been a longtime member of Stowaway. Thomas stays with Crow at a camp called Midway….
One of the ritzier camps, Midway employs a staff of cooks and personal valets and boasts an extensive wine cellar. The men sleep in private cabins that zigzag up a hillside. Known for its Republican leanings, Midway has a string of superrich political donors as members, including an heir to the Coors beer empire and the owner of the New York Jets. Charles Koch is an active member, as was his brother David. It’s not clear if Thomas has ever been the guest of a member other than Crow.?..
During the annual retreats, the Kochs often discussed political strategy with fellow guests, according to multiple people who’ve spent time with them at Midway….. “Chevron was one of the big things the Koch brothers were interested in”… Thomas and the Kochs developed a bond over their years at the retreat, according to five people who spent time with them there. They discussed politics, business and their families. They often sat together at meals and sat up talking at night at the lodge….
One tradition at Midway is a lecture series, often held beneath the redwoods on the camp’s deck. The weekend Thomas was there in July 2016, the Midway schedule featured a talk from Henry Kissinger and another by Michael Bloomberg…. Thomas spoke that year as well… Thomas spoke that year as well. He talked about his friend Justice Scalia, who had recently died… Scalia, a conservative luminary, had been a prominent advocate for the Chevron doctrine, but Thomas said he believed his colleague was coming around to Thomas’ revised view on it before his death.
*The unexcerpted article is behind a paywall, but you can easily sign up for ProPublica’s free weekly newsletter articles sent to your email inbox here: ProPublica.org/newsletters/the-big-story?