Sunday, October 18, 2026

P.S. POSTSCRIPT: THE ROBERTS COURT, MONEY MONSTERS, AND THE GREAT DEMOCRACY CLEARANCE SALE

 

P.S. POSTSCRIPT: THE ROBERTS COURT, MONEY MONSTERS, AND THE GREAT DEMOCRACY CLEARANCE SALE


On Friday, the Big Education Ape wrote an open letter to Chief Justice Roberts about the Court's misadventures with the unitary executive theory. But the Court has been busy, and one scolding letter can't hold all its greatest hits. Two more deserve a little "shame on you" light: money in our elections and school vouchers.


Exhibit A: Buying the Midterms, Now With Texas Flavor

Reports put Elon Musk's midterm spending at roughly $366 million, about a third of a billion dollars. Around $276 million of it came since July. Much of it went to party machinery like the Senate Leadership Fund and the Congressional Leadership Fund, plus his own America PAC. Some went to Texas, including $10 million to a PAC backing Ken Paxton's Senate run.

I'm sure this is all about good, honest government. Nobody spends $366 million on civic hygiene. That's the kind of money you spend when you want something back. And it's also personal. America PAC reportedly spent money opposing Rep. Chris Pappas, a vocal critic of Musk's DOGE work. When one man's grievances and one man's fortune can steer a Senate race, that isn't "political speech." It's a private political machine with a very good publicist.

The Court built the on-ramp

Musk has a right to this under the Supreme Court's rulings. Here's how we got here:

  • Buckley v. Valeo (1976): Money gets treated as speech. Equalizing influence isn't a valid reason to limit it.
  • Citizens United (2010): Independent spending can't corrupt, apparently, so corporations and unions can spend without limit.
  • SpeechNow.org v. FEC (2010): The D.C. Circuit follows Citizens United and gives us the super PAC.
  • McCutcheon (2014): Corruption now means a literal quid pro quo. Anything short of a briefcase of cash is just networking.
  • NRSC v. FEC (2026): Per the reporting, the Court struck down limits on coordinated party spending, 6–3, and overturned Colorado II.

Each ruling hands the biggest wallet a bigger megaphone. Then the Court acts surprised when the megaphone drowns out the crowd.


Exhibit B: School Vouchers, the Choice That Comes With a Waitlist

The Ape's recent post said it best: nothing says "choice" like a waitlist and a tuition gap. Vouchers promise freedom. Here is what families often get:

  • A voucher that covers part of private tuition, so the family covers the gap.
  • Private schools that choose their students. The family doesn't get to choose the school.
  • A waitlist, because "choice" needs seats.
  • Public dollars leaving the public schools that still serve every child, including the ones nobody else wants to enroll.

Public money should go to public schools that answer to the public. Handing it to private operators with no matching accountability is a funding transfer with a marketing department. It's another way of telling us that the market knows best and the public good is a rounding error.


So What Is the Theme of the Roberts Court?

I tried out a few titles:

  1. Making Money Monsters for Fun and Profit.
  2. Let's Get This Oligarchy Party Started.
  3. Billionaires Know Best.
  4. Vampires Sucking the Life Out of Our Democracy.

I can't pick a winner. They're all accurate. The vampire one at least has a sense of theater, and the others have only the paperwork.

To be fair, defenders have arguments. They say spending is protected speech, that disclosure beats caps, and that money doesn't guarantee wins. Tom Steyer spent over $200 million of his own money in California's governor race and lost. True, but a megaphone doesn't have to win every argument to dominate the room. It just has to decide who gets invited in the first place.


Remember in November

The fix starts at the ballot box. Vote for candidates who support:

One person, one vote, one billionaire is not the deal we signed up for. In November, the people who outnumber the billionaires get to speak.

P.S. to the P.S.: Vote early. Bring a friend. Bring a teacher if you can find one. They're the ones who've been doing the real work, and without the megaphone.


A note on sourcing: the spending figures and the NRSC v. FEC details come from the reports you supplied. Check them against the primary filings and rulings before publishing.




SOURCES AND LINKS

Musk Spending and the Midterms

These four sources back the headline numbers: about $366 million total, about $276 million since July, and $10 million to a Paxton-backed PAC.

  1. The Guardian: "Elon Musk becomes biggest donor of US midterms cycle." It covers the $10 million to a PAC supporting Ken Paxton, who faces Democratic nominee James Talarico. https://www.theguardian.com/us-news/2026/oct/13/elon-musk-political-donor-midterm-elections
  2. The New York Times: "Inside Elon Musk's $276 Million Midterm Rescue Mission." It says the Paxton donation came when Paxton was being badly outspent. https://www.nytimes.com/2026/10/12/us/politics/elon-musk-midterms.html
  3. Reuters: "Musk has spent $366 million to help Republicans retain control of Congress." It gives the breakdown, including $76 million to America PAC and $10 million to the Lone Star Liberty PAC backing Paxton. https://www.reuters.com/business/media-telecom/musk-has-spent-366-million-help-republicans-retain-control-congress-2026-10-12/
  4. CBS News: "Elon Musk donates over $150 million to Senate GOP group." It covers the nine-figure Senate Leadership Fund gift and the Texas angle. https://www.cbsnews.com/news/elon-musk-midterm-donations-texas-ken-paxton/

🎒 Big Education Ape Posts

These are the two posts your P.S. builds on.


⚖️ Court Cases Mentioned

I haven't pulled these directly, so I'm not attaching links I haven't checked. Look each one up through the Supreme Court's opinions page (supremecourt.gov) or Oyez.

CaseYearUsed For
Buckley v. Valeo1976Money as speech; equalizing influence rejected as a rationale
Citizens United v. FEC2010Unlimited independent spending
SpeechNow.org v. FEC (D.C. Cir.)2010Creation of super PACs
McCutcheon v. FEC2014Corruption defined narrowly as quid pro quo
NRSC v. FEC2026Coordinated spending limits struck down, 6–3; Colorado II overturned

The first four are settled law. NRSC v. FEC came from the reporting you supplied, and none of my searches confirmed it. Verify it against the opinion itself before publishing.


🔎 Claims Still Needing a Primary Source

  • AdImpact: the projected $11.6 billion in midterm ad spending.
  • Public Citizen: the record $646 million in corporate political spending.
  • Chris Pappas / America PAC: the $90,000+ in anti-Pappas materials, which should be checked against FEC filings.
  • Musk's total and recipients: confirm against FEC filings at fec.gov, since the press figures rely on a spokesman's confirmation.
  • Voucher claims: the Ohio ruling details (about 180,000 students, $800M+) come only from the Ape's post. Check them against the court's opinion or Ohio news coverage.

The Musk figures are the best-sourced part of the piece. Everything on the court rulings and the statistics above should be confirmed before it goes live.


Source verification: Political spending and Ohio school vouchers

The key is to distinguish independently documented figures, estimates, campaign-finance filings, and claims that still need primary-source confirmation. Here is a source-checking guide for the five items you listed, with particular attention to the 2026 midterms and Ohio's school-voucher litigation.

1. Verified sources and findings


AdImpact — $11.6 billion in projected 2026 election advertising

Source confirmed

AdImpact published its projection on June 11, 2026. It forecasts $11.6 billion in political advertising for the 2026 election cycle, compared with $8.9 billion for the 2022 midterms and $11.2 billion for the 2024 presidential cycle.

Sources: AdImpact's original report · Reuters coverage

AdImpact
+1

Writing note: Call this a projection, not actual final spending.


Public Citizen — $646 million in corporate political spending

Source confirmed

Public Citizen's August 27, 2026 report says disclosed corporate political spending in the federal 2026 midterm cycle had reached $646 million. It describes this as 40% above the $461 million recorded during the entire 2024 presidential cycle.

Sources: Public Citizen's original report · Reuters coverage

Public Citizen
+1

Important qualification: This is Public Citizen's analysis of disclosed corporate contributions to super PACs and hybrid PACs, not a complete accounting of all political spending or undisclosed funding. Attribute the figure to Public Citizen and specify the reporting period.


Chris Pappas / America PAC — $90,000-plus in anti-Pappas materials

Amount not independently verified

The Federal Election Commission's Chris Pappas candidate page provides campaign-finance information for the New Hampshire Senate race. It is a useful starting point, but the candidate's own committee records do not, by themselves, establish what an outside PAC spent opposing him.

FEC

To verify the claim, look for:

  • America PAC's independent-expenditure reports opposing Chris Pappas.

  • FEC 24- and 48-hour independent-expenditure filings.

  • The relevant expenditure dates, amounts, vendors and descriptions of the communications.

Current status: The specific $90,000-plus figure remains unconfirmed by the sources retrieved here. Do not present it as verified until the underlying expenditure records or reliable contemporaneous reporting establish it.


Elon Musk — total political spending and recipients

Partially corroborated

October 2026 reporting provides substantial corroboration of Musk's political spending. The Associated Press reported on October 12–13 that he had contributed more than $276 million since July, including $158 million to the Senate Leadership Fund, $76 million to America PAC and $10 million to Lone Star Liberty PAC. Reuters reported an approximately $366 million total for the 2026 election cycle, citing campaign-finance records and other reporting.

AP News
+1

Sources: Associated Press · Reuters

Verification caveat: These figures describe different time windows and measures. Check Musk's individual contributions and the recipient committees' FEC filings before combining them into one total. A contribution to a PAC is not the same as the PAC's subsequent expenditure.


Ohio school vouchers — 180,000 students and $800 million-plus

Figures need further verification

There is independent confirmation of the major legal development. On October 15, 2026, Ohio's Tenth District Court of Appeals affirmed a lower-court ruling that the EdChoice voucher program, as structured and funded, violates the Ohio Constitution's requirement for a thorough and efficient system of common schools. The decision did not immediately shut down the program, which remained in operation pending appeal.

AP News
+1

Sources: Associated Press report · Ohio Supreme Court opinion search

Still to verify: The approximately 180,000 students and $800 million-plus figures were not established by the retrieved AP summary. Check the opinion, the trial-court record and Ohio Department of Education and Workforce voucher data. Also establish whether the dollar amount refers to annual expenditures, a particular fiscal year, or a broader cumulative total.

2. Primary-source checklist

Use these sources to finish the audit before publishing.

Claim

Primary source to consult

What to establish

$11.6 billion advertising forecast

AdImpact

Publication date, forecast scope and revisions

$646 million corporate spending

Public Citizen and FEC

Reporting cutoff, methodology and included committees

$90,000-plus anti-Pappas materials

FEC independent expenditures

Exact amount, spender, dates and opposition designation

Musk's total and recipients

FEC committee and individual records

Contributions, expenditure totals, reporting periods and recipient names

Ohio voucher ruling and fiscal impact

Ohio court opinions and Ohio education agency

Legal holding, enrollment figures, actual expenditures and fiscal year

3. Suggested source note for your article

Sources and verification notes

  • Political advertising: AdImpact projected $11.6 billion in spending for the 2026 election cycle in its June 11, 2026 report. This is a forecast, not a final spending tally.

  • Corporate political money: Public Citizen reported $646 million in disclosed corporate political contributions during the 2026 midterm cycle as of its August 27 report. Its methodology and reporting cutoff should accompany the figure.

  • Chris Pappas / America PAC: The reported $90,000-plus in anti-Pappas materials requires confirmation against FEC independent-expenditure filings and related reports.

  • Elon Musk: Contemporary reporting documents substantial 2026 political contributions, but totals must be reconciled against FEC filings and kept distinct from recipient committees' expenditures.

  • Ohio school vouchers: The October 15, 2026 appellate ruling is independently documented. The claims concerning approximately 180,000 students and more than $800 million require separate confirmation from court records or Ohio education and fiscal data.

Bottom line: The $11.6 billion forecast, the $646 million corporate-spending figure, and the Ohio appellate ruling have identifiable supporting sources. Musk's spending is substantially corroborated by current reporting, although exact totals require reconciliation. The anti-Pappas amount and the two Ohio voucher figures should remain explicitly unverified until their underlying records are checked.