Tag: SCOTUS

Economic Populism: A Winner in 2010?

As I suspected would be the case, Democrats intend to take on the conservative wing of the Supreme Court and in so doing make it into an election year issue.  In a year where successful narratives for the party in power are few and where the prevailing conventional wisdom seems to be one of limiting inevitable GOP gains, I am pleased to see this degree of push back, though I note by no means will it alone be sufficient to secure majority status for both the House and Senate.  It is a good start, but it cannot be the end all, be all.  When people are hurting for jobs, income, and peace of mind, the existence of an activist Supreme Court is less important and less pressing.  

The only problem I see with this strategy is that it doesn’t necessarily channel voter frustration the way that, for example, anger at former President Bush did back in 2008.  A desire to take on the Supreme Court for its abuses of power is, at least now, a minor priority, and the people who do feel sufficiently outraged are self-identified Progressives or Democrats.  If the intent is purely to unify the base and revitalize party loyalists, then I can understand the logic.  But as it stands now, many independents and self-identified conservatives of any leaning unfortunately often find nothing especially objectionable about recent SCOTUS decisions.  They don’t consider it a particularly pertinent bread and butter issue that relates directly to their own lives.  Everyone votes based, to some degree or another, on their own self-interest, but this degree of apathy is due, in part, to the fact that the topic has never really been adequately framed in terms that resonate well with the electorate.  

As President Barack Obama mulls possible replacements for retiring Justice John Paul Stevens, the administration and congressional aides are gravitating toward a strategy that goes beyond the goals of a run-of-the-mill confirmation fight – to define a corporations-vs.-the-common-man battle between Democrats and the high court.  

Taking a populist stance on this matter does make sense, but thus far economic populism has been underused by Democrats.  The position stated above has been weakly rendered up until now and there has been no unified voice to advance it.  If Democrats wish to come out strongly against unpopular decisions like Citizens United v. FEC then it certainly would be interesting to see the effort played with the American people and with the mainstream media.  The Obama Administration has, much to the frustration of many, always taken care to hedge its bets regarding passionate denunciations of offending parties, particularly regarding financial matters–one day forceful populism, the next day conciliatory language.  Throwing down the gauntlet means that the gauntlet comes down and stays down.  Half-measures are perceived by most as as weak, not politically shrewd.

Elena Kagan is unfit for the Supreme Court

U.S. Solicitor General Elena Kagan has an excellent shot at being nominated for the Supreme Court when John Paul Stevens retires.  

The President will want a highly qualified nominee, obviously.  Beyond that, the calculation for the White House will be almost entirely political.  Rahm Emanuel will have overriding control – if not minute-by-minute involvement – just as he did with Justice Sotomayor.  And as with that previous confirmation, the calculus will be one of the political costs and benefits of the highly qualified candidates at the political moment in time.

Kagan is technically qualified, but unfit for the job on ideological grounds, imo.  I base that opinion on her arguments concerning the broad sweep of anti-terrorism laws recently made to the Supreme Court in the case (Holder vs. Humanitarian Law Project) concerning Robert Fertig, a lawyer and president of the Humanitarian Law Project, who gave “expert advice or assistance” to the PKK in Turkey.

Continued Legislative Pushback to SCOTUS Ruling

An article in yesterday’s Washington Post reveals that the roots of public dissatisfaction with the recent SCOTUS decision in Citizens United v. Federal Election Commission run deep. As the paper’s own polling reveals,

Eight in 10 poll respondents say they oppose the high court’s Jan. 21 decision to allow unfettered corporate political spending, with 65 percent “strongly” opposed. Nearly as many backed congressional action to curb the ruling, with 72 percent in favor of reinstating limits.

The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent).

The results suggest a strong reservoir of bipartisan support on the issue for President Obama and congressional Democrats, who are in the midst of crafting legislation aimed at limiting the impact of the high court’s decision.

The Roberts Court unfortunately reaffirmed that corporations have the same basic freedoms and rights to free speech as do individuals. The sordid history of corporate personhood began in the late Nineteenth Century and has been a contentious, divisive issue ever since. With the rise of corporations and multinational conglomerates, corporate personhood has never been far from the public consciousness.  A series of rulings over time have revealed the depths of the debate.

Justices Hugo Black and William O. Douglas both rendered opinions attacking the doctrine of corporate personhood. Justice Black, in a dissenting opinion, concluded,

If the people of this nation wish to deprive the states of their sovereign rights to determine what is a fair and just tax upon corporations doing a purely local business within their own state boundaries, there is a way provided by the Constitution to accomplish this purpose. That way does not lie along the course of judicial amendment to that fundamental charter. An amendment having that purpose could be submitted by Congress as provided by the Constitution. I do not believe that the Fourteenth Amendment had that purpose, nor that the people believed it had that purpose, nor that it should be construed as having that purpose.

(Hugo Black, dissenting, Connecticut General Life Insurance Company v. Johnson (303 U.S. 77, 1938)

It remains to be seen whether this bill will be signed into law, or, assuming it is, what its greater impact will be.  The recent ruling has just now taken effect and no one at this point is certain what liberties corporations might take or intend on taking in this year’s election cycle.  Furthermore, the Obama Administration and the Roberts Court have not yet taken highly antagonistic positions with each other the same way FDR did with the Hughes Court back in the 1930’s.  However, it must be noted that FDR’s New Deal lead to the enactment of a variety of reforms and Obama has only managed a paltry sum in comparison.  A majority desperate to minimize its losses would do well to start here.    

A Winning Election Strategy for 2010

After the 2008 election cycle advanced a long litany of proposed reforms and massive structural changes which came attached to Presidential candidate Barack Obama, 2010’s agenda is much more modest.  A disillusioned, frustrated electorate looks to lash out against those in power by casting their votes accordingly, hence the reason why so many long-time legislators within the party have retired in the past several months.  As we know, scaled down versions of existing measures are the order of the day, and skittish Democrats are wary of making additional promises that they know they can’t likely keep, aiming to avoid increased voter ire at all cost.  Still, it would be foolish to cast aside all talk of additional reform, particularly since some slightly more modest proposals would likely go over well, even in this dubious climate.    

Even with the severe limitations of the 2010 cycle, there are a few issues Democrats could hammer home that would resonate well with voters.  Polls reveal that the recent Federal Election Commission v. Citizens United Supreme Court decision regarding campaign finance reform is a highly unpopular one, and some Democrats on the state and local level have proposed measures to push back and guard themselves from the potential sweep of corporate interference.

Maryland lawmakers are mobilizing to prepare a series of campaign finance reforms in response to a recent Supreme Court decision that will open federal elections to more corporate and labor spending.

About a dozen Democratic senators and delegates this week outlined a package of bills meant to restrict the ability of those businesses to spend in state elections.

The initiatives come after the Supreme Court’s decision in Citizens United v. Federal Election Commission, which overturned a prohibition on corporations and unions using general treasury funds for political ads.

Sen. Jamie Raskin, D-Montgomery, said the legislators are working to “try and contain the damage.”

It should be noted that none of these measures do a tremendous amount to reverse the decision itself and its now-established precedent, but they do provide additional safeguards in case corporations decide to take new liberties.  The nightmare scenario envisioned by many is an influx of corporate-based cash into races and regions in ways that had never before existed.  Thus, this proposed legislation is designed primarily to prevent business from overreaching into political races.  Even so, sensible strategies like these would go over well with constituents in every state, and would give increasingly vulnerable Democrats a powerfully populist talking point.  Subsequent pro-big business decisions from whatever source are likely to be viewed negatively by the American people, and if the national Democratic Party wishes to rebrand itself to keep its control of Congress, it might do well to consider strategies like these.    

Running against the SCOTUS as a whole might also prove to be a winning strategy, since the latest unpopular heavily split decision reveals the undemocratic nature of a small, deliberative body who is appointed for life and cannot be collectively, individually, or otherwise voted in or voted out by the general public.  We can forever debate the merits of why the Federal judicial system was set up in such a fashion, but we simply can’t deny the reality of it.  Voters now are concerned much more about results, not reasons.  Moreover, the direct impact upon the 5-4 decision itself showed plainly in the person of the two Justices that Former President George W. Bush nominated.  Democrats could once again point back to the destructive Bush Presidency as a still-evident and still-existing part of the problem.  The Roberts court has not yet set itself up as directly antagonistic to President Obama and his agenda, but it very well might as time goes on, which would give the incumbent Chief Executive a weapon when the time arrives for him to run for re-election in 2012.  Setting the scene early as well as the framing would make that message far more pertinent and pervasive.      

Though the party in power is always under the gun when a bad economy, high unemployment, and Congressional gridlock spawn massive ill-will in the voting public, a slight modification in focus could limit losses and stem the bleeding.  As it is right now, Democrats are rushing about in a million different directions with no coherent, nor cohesive sense of message discipline.  As many have done before, I have criticized those in positions of authority who have either abused the peoples’ trust or have frittered away a golden opportunity by their own inability to form consensus or make resounding, firm decisions.  The sea change in Washington politics ushered in by an astounding 2008 cycle and an equally astounding rapid decay of many of those gains in the course of one short year has redefined previously existing parameters and expected results.  Acting sooner rather than later works against the math and logic of a previous age, I recognize, but what we have all discovered recently is that significant developments of the Twenty-first Century proceed at an incredibly rapid clip, and those who jump out in front of an issue first usually fare the best.  The clock is running down, but there is still plenty of time left.          

Who here is a rebel?

First, my apologies to all I’ve offended.  All I can say is, it was whiskey and a new medicine speaing.

So, what about the Citizens United case?

In a nutshell, it practically changes federal law very little but overturns a lot of state law.

In terms of federal elections, Citizens United changes the law little and doesn’t mean much.

As for state elections, fasten your seatbelt.

Advocacy organizations will now be able to go into states, such as Michigan, and pound the voters.  Fasten your seat belt.

The real question is, will you give to these advocacy organizations?

That’s what they hope.

Saudi Arabia to use Citizens United to interfere in US politics thanks to NeoCon SCOTUS treason

Crossposted at Daily Kos

Thanks to the Supreme Council Court, meet your new Corporate Masters!

Say hello to Saudi Arabia!

Saudi Arabia has already signaled that the progressive effort to build a clean energy American economy is its “biggest threat”:

   Saudi Arabia’s economy depends on oil exports so stands to be one of the biggest losers in any pact that curbs oil demand by penalizing carbon emissions. “It’s one of the biggest threats that we are facing,” said Muhammed al-Sabban, head of the Saudi delegation to U.N. talks on climate change and a senior economic adviser to the Saudi oil ministry. […] Climate talks posed a bigger threat, Sabban said, and subsidies for the development of renewable energy were distorting market economics in the sector, he said.

ThinkProgress.org

It’s good to be the King of Saudi Arabia!

More below the fold

Action: NASCAR UNIFORMS FOR CONGRESSCRITTERS!!!!!

(Crossposted at GOS)

With the recent SCOTUS ruling, our system of representative government is as we know it is over.  This is not hyperbole.  

The court, in effect, decided that corporations will be able to determine policy in all matters of government without any meaningful restriction.  And before you jump right in and tell me that unions and the Sierra Club will have expanded rights, money talks, and big money talks loudest.  It’s the return of feudalism, engineered by the SC appointment of Roberts and Alito during GW Bush’s term.  

The SCOTUS, after installing a president via judicial coup, have now installed a corporatocracy, also via judicial coup.   So much for judicial restraint from the Federalist Society.

See you after the jump for an idea whose time has come.  

SCOTUS: The mere appearance of corruption? Pshaw!

Heather Gerken:

The truth is that the most important line in the decision was not the one overruling Austin. It was this one: “ingratiation and access . . . are not corruption.” For many years, the Court had gradually expanded the corruption rationale to extend beyond quid pro quo corruption (donor dollars for legislative votes). It had licensed Congress to regulate even when the threat was simply that large donors had better access to politicians or that politicians had become “too compliant with the[ir] wishes.” Indeed, at times the Court went so far as to say that even the mere appearance of “undue influence” or the public’s “cynical assumption that large donors call the tune” was enough to justify regulation. “Ingratiation and access,” in other words, were corruption as far as the Court was concerned. Justice Kennedy didn’t say that the Court was overruling these cases. But that’s just what it did.

Updated with Corrections Re: 9th Circuit legalizes torture

Crossposted at Daily Kos

Update #2: It has been brought to my attention that my initial analysis on the subject of this diary, originally titled “SCOTUS legalizes TORTURE and creates legal ‘unpersons'”, and then edited to state 9th Circuit . . .  is factually incorrect. I apologize for the confusion and will be writing a thorough dairy tomorrow based on the facts of the ruling by the 9th Circuit court.

    I have left the full text of the original diary intact below the fold and will be glad to be further corrected. I seek to learn as well as to share what knowledge I have.

    But I will ask this: When? When do we start to see accountability, for the super rich, for the Corporations and their CEO class, and for the crimes and other excesses of the politically powerful. When?

Thank you, and apologies to all.

Cheers

President asks SCOTUS Justice to represent USA in war crimes trials

Crossposted at http://www.dailykos.com/story/…

“If certain acts and violations of treaties are crimes, they are crimes whether the United States does them or whether Germany does them. We are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.”

Associate Justice of the Supreme Court of The United States

Robert H. Jackson

    Justice Jackson was asked by President Truman to represent The United States in establishing the process for trying German war criminals after Germany’s surrender in World War II. The above quote was made by him in 1945 during the negotiations of The London Charter of The International Military Tribunal (IMT) which established the legal justifications and basis for the trials. He later acted as the Chief Prosecutor for the Nuremberg War Crimes Trials (IMT) of the major war criminals.

blavier.newsvine.com

    Sorry if I got your hopes up, but the point I want to make is the fact that we did this before, in worse times, and we must do it again. We must bring War Criminals to Justice. Just because the War Criminals hide behind our own flag does not make things any different.

    To shrink from condemning and punishing atrocity is, however tacitly, to condone evil.

   At the time, President Harry Truman faced many issues that required much of his attention. Fresh from his appointment to the Presidency after the tragic passing of President Franklin Delanor Roosevelt, Harry Truman still faced issues outside of a nation’s involvement in war crimes. There was insurgent violence in the still occupied Germany, where remnants of a minority within the region continue to attack American occupying forces on a daily basis for a while.

    There was also the issue of Nuclear Proliferation. As the sole nuclear power America faced an entire world that sought their own Weapons of Mass Destruction.

    In 1945 the economy was still a big issue. After having just climbed out of the first Great Depression the economy was very much a priority back then, as it still is right now.

   There were many important issues at stake during 1945 that could have taken precedent over the investigation and prosecution of War Crimes. None of those issues stopped us from doing the right thing then, and we should do the right thing now.

Class war focuses on Sotomayor. Empathy only for the poor rich people.

Crossposted at http://www.dailykos.com/story/…

   Now that Sonia Sotomayor has been named by President Obama to be his first (of hopefully many) nominee to the Supreme Court the political wing of the Oligarchy will attack her for voting in her interests as a minority, a female and a plebian.

   Republicans and other plutocrats find it threatening when poor/non-white/non-Christian/minority people vote and act in their own interests. The only way to win an election for the 1% is to trick another 50% into voting for rich people. Fear and hatred is to trick them into it with falsity and wedge issues. If more people succeed like Judge Sotomayor the GOP will lose. The last thing they want is educated and informed plebeians acting in their best interests. If that shit catches on it is the end of the GOP.

   Sotomayor’s confirmation will be opposed on the front lines of the class war. Whether she or we know it or not, Sotomayor just stepped up to the status quo. Expect them to take this threat seriously.

   The only arguments the GOP can make against Sotomayor will be on sexist/racist/elitist or flat out ridiculous grounds. This is class warfare. Sotomayor just took center stage.

   Prepare for war.  

But if I did, well really, what’s it to you? (reprise)

Here I go. Hot button item. Why am I repeating myself?  

Why open up wounds and unanswered questions and misunderstandings and anger, to throw it all into the arena again for debate? Women’s rights are human rights everywhere.

There is one thing that should be perfectly clear. If you understand that women’s bodies are their own, do not vote for John McCain.

It goes like this

the fourth the fifth,

the minor fall and the major lift…

(Normally, I don’t like to retrace old ground. But the topic of human rights, women’s rights, pro-choice, pro-life, whatever your favorite tagline – is such a godd**m muddle for so many voters who don’t have the time, the backstory on the candidate, or the inclination to understand who it is they are voting for. So I’m throwing up an issue I’ve written about before, just a hair over two years ago to this day, revised it and dusted it off a bit, and added some newly relevant links. Will it add clarity? I don’t know. But thanks for reading.)

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