Press Releases

The Billionaire’s Verdict: What’s at Stake in Moore v. United States

Dec 05, 2023

The Supreme Court today will hear oral arguments in Moore v. United States, a case which could preemptively outlaw a wealth tax. If so, the billionaire benefactors and special interest groups that have spent millions of undisclosed dollars capturing the Supreme Court and rigging our political system would continue to benefit from incomparable tax breaks over the average American.

“Corrupt Supreme Court justices continue to put the interests of their billionaire benefactors and dark money backers ahead of working Americans,” said Tiffany Muller, President of End Citizens United // Let America Vote Action Fund. “The only reason this case is being heard in the first place is because Leonard Leo and his billionaire cronies like Paul Singer wanted to preempt any congressional effort to tax billionaires. This case further proves the justice system has been corrupted by dark money special interests at the expense of the American public.”

What’s Moore v. U.S. about?

  • Petitioners are challenging a portion of the 2017 Trump tax bill that assessed a one-time tax on certain investors in foreign corporations for a portion of the money that they kept overseas. The Moores were assessed an additional $14,729 in taxes due to the provision.

  • Although Congress has long had the power to assess taxes on unrealized gains, Plaintiffs contend that these taxes are unconstitutional because they argue the federal government is not allowed to tax profits before they are realized.

  • Striking down this specific provision of the 2017 tax bill would likely add $340 billion to the deficit. It would also upend a century of tax law, leading to “chaos” within the entire tax system as special interest groups and the ultra wealthy would attack other taxes on unrealized gains.

  • A broader ruling striking down taxes on unrealized gains would essentially preemptively ban a wealth tax on the uber rich that would help ease the national deficit and combat inequality.

Which Justices have conflicts of interest?

  • Justice Samuel Alito

    • Paul Singer–a GOP megadonor who treated Alito to his undisclosed, opulent fishing trip in Alaska–is the chairman of the Manhattan Institute. The Manhattan Institute filed amicus briefs urging the court to take up this tax case, is a part of Leonard Leo’s dark money web, and is funded by the Koch network.

    • Leonard Leo’s dark money network has filed 8 amicus briefs in Moore. Leo served as the matchmaker for Alito and Singer and accompanied them on the the trip to Alaska.

    • David Rivkin is a lawyer for the petitioners in Moore. Rivkin conducted a puff piece interview with Alito shortly after the Supreme Court took up this case. Rivkin also represents Leonard Leo related to the Senate’s investigation into the Thomas/Alito corruption scandal.

      • Senator Durbin sent a letter to Chief Justice Roberts calling for Alito’s recusal due to his clear conflict of interest with Rivkin, but Alito rebuffed the call for recusal

    • Alito holds stock in 17 corporations that would receive nearly $30 billion in tax breaks if the Supreme Court annuls the repatriation tax–which would directly benefit Alito’s portfolio.

  • Justice Clarence Thomas

    • Thomas has received dozens of undisclosed luxury travel and gifts from at least four billionaires during his time as a justice. A ruling striking down the repatriation tax and preemptively banning a wealth tax would be a huge windfall for Thomas’ billionaire backers like Harlan Crow.

    • Kathy Crow– the wife of Thomas’ billionaire benefactor Harlan Crow–is on the board of trustees of the Manhattan Institute, which has an interest in Moore.

  • Chief Justice John Roberts

    • Roberts owns between half a million and one million dollars of stock in a corporation that would receive a $1.4 billion tax break and up to $250,000 in a corporation that would receive nearly $900 million tax break if the Supreme Court annuls the repatriation tax–which would directly benefit Roberts’ portfolio.

For a complete list of exposés detailing corruption and the justices’ financial conflicts of interests, click here.

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