Feb 10, 2010
The Definition of Chutzpah
Regarding Supreme Court case No. 08-205 Citizens United v. Federal Election Commission, which ruled that the federal government may not ban politically motivated spending by corporations in candidate elections:
“…the most partisan decision since Bush v. Gore.”
“It’s basically the neutron bomb in our election system. It’s such a reversal, you can only guess at some of its far reaching implications.”
You would think these were the words of someone who had done everything in his or her power to prevent the inevitable 5-4 ruling handed down by the Supreme Court last month. You would think if this is the ex post facto reaction of a legislature than maybe that legislature had exhausted all avenues of preventing such a ruling. You would be wrong. These are the words of Vermont’s senior senator Patrick Leahy in The New York Times (http://www.nytimes.com/2010/01/29/us/politics/29scotus.html?ref=todayspaper) and on VPR (http://www.vpr.net/news_detail/87100/), respectively.
It is really quite simple Senator Leahy as the lead Democrat on the Senate Judiciary Committee during the confirmations of both Chief Justice John Roberts and his sycophant Samuel Alito had the option to filibuster the confirmations of both to the Supreme Court. He chose not to do so in both cases. He chose a more conciliatory tact instead, because George W Bush had been so amazingly conciliatory I guess?
Even the least schooled legal onlooker could see during the confirmation of these two archconservatives they were hell bent on reshaping the American legal system. Neither judge gave what appeared to be answers to the questions posed to them by Senator Leahy and his fellow Democrats. In all fairness the questions were quite pointed, however, the problem was that for as pointed as the questions were the answers were equally opaque to the point of being complete mumbo-jumbo. Yet, the point that both justices made perfectly clear was their allegiance to the principle of stare decisis, which basically means that judges are obligated to show deference to historical precedent. Judge Roberts especially was quite adamant in his loyalty to this principle, while judge Alito as was his want preferred a more circuitous route. Here is where it gets juicy last month’s ruling on which both judges predictably sided with big corporations overruled two…PRECEDENTS! The first being Austin v. Michigan Chamber of Commerce and McConnell (i.e. Senator Republican Leader Mitch McConnell) v. Federal Election Commission, both of which challenged the Bipartisan Campaign Reform Act or as it is commonly referred to McCain-Feingold.
The conservative majority and fence rider Anthony Kennedy decided that corporations are entitled to protections under the Fourteenth Amendment as jurisitic persons (http://en.wikipedia.org/wiki/Juristic_person). This idea that corporations should have the same inalienable rights as citizens dates back to cases like Santa Clara County v. Southern Pacific Railroad Company in 1886and later U.S. v. Detroit Timber and Lumber in 1905 (http://en.wikipedia.org/wiki/Santa_Clara_County_v._Southern_Pacific_Railroad; http://www.answers.com/topic/santa-clara-county-v-southern-pacific-railroad). The common thread is the debate about what constitutes a person in the United States. With this latest ruling the Supreme Court came down decidedly in favor of the idea that my vote and your vote are no less important than the collective will of corporations. This is a very scary thought as is evidence in Senator Leahy’s comments. More importantly this was a ruling that could have easily been avoided if Senator Leahy had stood up to the corporatist and civil liberty violating ways of the Bush administration. He didn’t and I would hasten to add that is why we’re at the dawn of a new era in electoral subterfuge
What these two judges said and how they ruled, wrote, and spoke in the past were two entirely different things. I knew this from my brief reading-up on the two candidates and I am sure Senator Leahy and his considerable staff at the Senate Judiciary Committee, with considerably more resources and expertise was well aware of this double-speak and -think. Yet, Leahy knowing all this and with his considerable legal background decided to back away from a filibuster the most extreme tool he had left. Extreme times call for extreme measures Senator Leahy and make way for someone that wants to stay in the ring for all nine rounds.