I think I've seen enough facts to definitively pronounce this story silly, or at least deeply uninformed by how charitable foundations actually work.
Here's how large private foundations work (I audit 'em, so I know whereof I speak): the grant staff puts together a list based on the guidelines promulgated by the board. The list is presented at the (usually) quarterly board meeting. If there are any large grants (and by large, I mean at least $5-10 million dollars), they might be pointed out to the board. At that point, the board votes yes.
That's it. People on the board are their because they're successful people, and they don't have the time to pore over a list of dinky grants that can go on for pages and pages (the list of grantees for Taylor's org in 2004 comprised over 1,000 grants, and went on for 20 pages).
The upshot here is that, because of the small size of the grant to the Michigan ACLU, Judge Taylor never even saw the grant. Since she didn't see the grant, she couldn't be expected to disclose it. (even if she seen the name on the list, one can hardly expect that she should remember it. Then there's the minor point that the grantee, the Michigan ACLU, is a legally distinct organization from the ACLU, which was the party to the suit).