Sunday, July 1, 2012

An update on me and Citizen's United

If anyone has been following this, well to say the least it has been left dormant, first by a death in the family and then because it was hard to get back to between working on a case that involved soil contamination from a dry cleaning, and trying to put my rare fee hours into working against the entirely destructive Citizen's United decision. As to the SCOTUS citizen's United Decision, just a week ago and a few days prior to the more watched decision on the Affordable Health Care Act, the court upheld a challenge to Montana's state-based rejection of the decision. The Scalia-Roberts-Thomas-Kennedy-Alito junta refused to consider Montana's argument, that unlike the Supremes, Montana was convinced that unlimited corporate funds funneled to push one view in an election could indeed corrupt the process. One "factual" pillar of the Citizen's United v. Federal Election Commission case was that the junta justices just couldn't see any evidence that money corrupts politics. Some 22 states, including California, signed a brief in support of Montana's interpretation. On the other hand the Citizen's United organization itself submitted a friend of the court brief suggesting that Montana's decision would, God forbid, roll back "corporation's first amendment rights". It is almost unimaginable that anyone drafting a constitution, in 1789 or 2012, would conceive of granting corporations the same free speech rights to corporations as to humans with the right to spend unlimited shareholder's funds to saturate the channels of communication with their message. But the SCOTUS junta thinks that corporations will spend money to cement their right-wing agenda into the political structure, and they have the votes. The long term solution will be a constitutional amendment reversing the absurdities of corporate person-hood and the view that unlimited funds cannot overcome virtually all of the intended purposes of free speech, press, and debate. The shorter must be to keep Republicans away from the presidency long enough to appoint a fifth justice who will return some common sense to the court. PHL

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