From the STF to the US Supreme Court – 05/10/2023 – Conrado Hübner Mendes

Dear Clarence,

We never saw you, we always loved you. We know of his delicate moment on the American Supreme Court, after a career in defense of the patriarchal family and constitutional corrosion. We read the letter from the organization “Citizens for Ethics” asking for his resignation.

All because you accepted luxury vacations and private flights paid for by billionaire Harlan Crow. Who also paid for her great-niece’s school. And he bought three properties from him. And he offered his mother rent-free housing. Crow’s business interests at court. First of all, though, he is his friend. We have a lot of friends.

The letter states that his conduct “created the impression that access to and influence on the court are for sale”; that you “did not plead as a suspect”; that “it is increasingly difficult for people to believe that the court makes decisions based on law and justice”; that Judge Abe Fortas, in 1969, resigned after being paid $15,000 for teaching at a summer school.

He concluded: “We know of no other modern judge who has engaged in such extreme misconduct. For the sake of our judiciary and people’s faith in your legitimacy, you must resign.” How exaggerated. You need to meet us.

We regret the attack on your prerogatives and independence. The distrust of their integrity stuns us. Here, when that happens, we threaten. Or we prosecute criminally. And we still ask for damages that lead the critic to insolvency. And shut up the others. The lack of notion and argument we compensate with our power of influence and intimidation.

Our life as STF ministers offers what you don’t have. We accept military honors as soon as we arrive. Not everyone does, but we can speak in banks without giving satisfaction. We can attend Fiesp, exchange WhatsApp with businessmen. We can have an education company, negotiate bank sponsorships, employ the legal elite. Even if the Constitution forbids it. We travel for free to attend financial lobbying events around the world.

Lawyers can lend us a jet to watch Roland Garros. We can rest in the summer house of a government minister whose father has a criminal case under our rapporteurship. We participated in parties with the law firm in the gardens of Brasília’s Babilônia. Almost every week. We received tributes from these friends.

We can obstruct cases monocratically. We can lobby for the nomination of our children to vacancies in the justice system. Our family members can advocate in court. Advocacy pays well for a surname that opens doors. We need not acknowledge suspicion when we judge friends. We are not moralists.

In general, journalism courts us. Instead of difficult questions, he offers a free microphone and publishes our messages offline. If they don’t, we retaliate. We can be blunt, negotiate constitutionality, disguise salary increases through housing assistance. It’s our wage lawfare. Every year we receive awards from the JusPorn Awards, the party for judicial pornography and institutional nudism. Remember: we are not moralists.

Our code of ethics only applies to lesser judges. And look there. While they need to produce the “good judge’s smoke” and practice decorum, we can set the playground on fire.

Lula is about to nominate an habitué of magistocratic revelry for the vacant chair of minister. To foster a court of friends. Friendship is a value for us too. But there are people who insist on a different court, made up of people independent of the favours, dinners and desserts circuits. People endowed with clear and respectable constitutional ideas, aware of the country’s constitutional urgencies.

They still ask us to abandon the beautiful tradition of white men rich enough not to depend on our meager salary. In this way we help in the fight against inequality. I know you pride yourself on a court that had Wendell-Holmes and Warren. But here we had Pedro Lessa and Victor Nunes.

Who knows, you might not come here. We are free to lobby for the appointment of our successors. Your problems will be solved.

We are looking forward. Yours truly.

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