Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Grease and glue

Grease and glue
Getty Images

Nelson is a retired American attorney and jurist who served as an associate justice of the Montana Supreme Court from 1993 through 2012, having been appointed to the court by then Republican Governor Marc Racicot.

The opening paragraphs of a September 1, 2023, article in The Atlantic magazine entitled, “What do some Supreme Court justices and physicians have in common,” by Adriane Fugh-Berman, a doctor and professor of pharmacology and physiology at Georgetown University Medical Center, recently caught my eye:


“What do some Supreme Court justices and physicians have in common? Both take gifts from those who stand to profit from their decisions, and both mistakenly think they can’t be swayed by those gifts. Gifts are not only tokens of regard; they are the grease and the glue that help maintain a relationship. That’s not always unhealthy, but it’s important to note that gifts create obligation. The indebtedness of the recipient to the giver is a social norm in all cultures. . .”

The Atlantic author goes on to describe gifts given to doctors by pharma reps that influence the prescribing physician’s choice of drugs.

But, my interest was in her description of lavish “gifts,” “tokens of regard” given to U.S. Supreme Court Justices Clarence Thomas and Samuel Alito (and, in some cases, their wives) totaling hundreds of thousands of dollars. She also sets out the Justices’ implausible excuses and rationalizations for accepting such gifts—along with their incredulous, self-serving “it doesn’t influence me” justifications.

I certainly agree with the author’s conclusion that:

“. . . the decisions made by Supreme Court justices affect the entire country...those who would sway opinions for their own benefit must be distanced from those who make decisions that affect other people’s lives. The solution is easy, . . . All gifts, no matter how small, should be refused—or, better yet, banned.”

The solution is easy. All gifts, no matter how small, should be refused—or, better yet, banned.

Despite her conclusion, however, left unsaid, is the reality that “gift giving”—let’s call it what it actually is, bribing—is the ubiquitous way that the grease and glue of professional relationships continues as the status quo in America.

I can’t speak for any profession or forum other than my own, but as a retired Montana Supreme Court Justice I can say that all the Montana judges (state and federal) whom I know and justices with whom I worked and served with never were, and are not, at the end of this ubiquitous grease and glue gun.

Montanans receive from their courts fair, honest, impartial, and independent decisions based on record-based facts and applicable law. No greasing the skids or gluing justice in Montana’s courts.

Of course gifts are not the only forms of grease and glue that benefit politicians. There are hefty campaign donations and financial support and benefits for politicians’ and their business and religious interests, to name a few. When corporate and sectarian Montana benefit from lawmaking, they return the favor.

And, that is precisely why Montana’s Governor, and supermajority/Freedom Caucus legislators have launched attacks on our state courts. Why? So that they can ride roughshod over our Constitution and the rule of law. And, because our courts and judges, in doing their jobs, are the thorns in the glue and the sand in the grease that the political branches need to maintain their political power and favor with corporate and sectarian Montana.

These executive branch leaders and these legislators refuse to acknowledge our constitutionally-mandated system of three, distinct, co-equal branches of government, (Montana Constitution, Article III, section 1). Worse, these political branches seek either to control the courts to favor their own partisan ideologies and the businesses and special interests that support them; or, failing that, they seek to marginalize, demonize, and destroy our state courts altogether.

To this point, every judge and justice and every public official in Montana take the same oath of office, (Montana Constitution, Article III, section 3): "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)."

Since 2021, the only branch of the Montana government that takes this oath of office seriously is the judicial branch.

Indeed, the executive and legislative branches of our government have demonstrated willful, abject disrespect for and noncompliance with this oath. Their go-to attitude is not “how can we comply with our oath, the Constitution and the rule of law?” but, rather, “what can we get away with to favor our party and those that support our maintaining political power?” “How do we keep getting the grease and glue?”

The political branches aside, at least we don’t have state or federal judges and justices in Montana in the mold of what we are witnessing by Justice Thomas and Justice Alito. Rather, we have honest, fair, and ethical judges and justices committed to their oaths of office and the rule of law who are not benefiting from or held together with the grease and glue of corruption.


Read More

President Trump signing a bill into law.

U.S. President Donald Trump signs a bipartisan bill to stop the flow of opioids into the United States in the Oval Office of the White House on January 10, 2018 in Washington, DC

Getty Images, Pool

Two Bills to Become Law; Lots of Ongoing Work

Two Bills to Become Law

These two bills have passed both the Senate and the House and now go to the President for signing, or, if he remembers his empty threat from the week before last, go to the President to sit for 10 days excluding Sundays at which time they will become law anyway.

Recorded Votes

These bills have only passed the House, so they are not going to become law anytime soon.

Keep ReadingShow less
A balance.

A retired New York judge criticizes President Trump’s actions on tariffs, judicial defiance, alleged corruption, and executive overreach, warning of threats to constitutional order and the rule of law in the United States.

Getty Images

A Pay‑to‑Play Presidency Testing the Limits of Our Institutions

Another day, another outrage, and another attack on the Constitution that this President has twice taken a vow to uphold. Instead of accepting the Supreme Court decision striking down his imposition of tariffs, the President is now imposing them by executive order and excoriating the Justices who ruled against him. His disrespect for the Constitution and the judiciary is boundless.

To this retired New York State judge, all hell seems to have broken loose in our federal government. Congress lies dormant when it is not enabling the chief executive’s misuse and personal acquisition of federal funds, and, notwithstanding its recent tariffs ruling, a majority of the Supreme Court generally rubber-stamps the administration’s actions through opaque “shadow docket” rulings. In doing so, SCOTUS abdicates its role as an independent check.

Keep ReadingShow less
President Trump Demonstrates Why Euphemisms Damage Democracy

U.S. President Donald Trump speaks to reporters as he and Secretary of State Marco Rubio (L) depart the White House on their way to Florida on March 20, 2026 in Washington, DC.

(Photo by Chip Somodevilla/Getty Images)

President Trump Demonstrates Why Euphemisms Damage Democracy

In politics, words matter. In democratic politics, they matter even more.

Great political leaders have long recognized that fact.

Keep ReadingShow less
Children's books on a shelf.

A 17-year-old changemaker from Ohio, Sahana Srikanth founded the Young Learners Foundation to tackle the literacy gap, donating over 18,000 books and empowering youth through mentorship, education, and community-driven impact.

Pexels

Expanding Access to Books and Literacy Opportunities for Underserved Youth

The Bridge Alliance Education Fund, the sponsor of The Fulcrum, has also recently launched the Democracy Architects Council. Through this fellowship, changemakers ages 18-28 across the country receive the skills, mentorship, and community needed to turn their ideas into real impact. The story below is one example of what's possible when young people are given the tools and support to lead.


Sahana Srikanth, Founder of Young Learners Foundation

Keep ReadingShow less