Calling Out Judicial Activism To Its Face

(Image posted on Old Hippie's Groovy Blog).




E.J. Dionne makes some good points regarding the Supreme Court's brazen overreaching.

As I've said, if campaign donation disclosure is rapid, the new system need not be a fiasco. Nevertheless, no one has said disclosure will be rapid, so voter beware!:

The nation owes a substantial debt to Justice Samuel Alito for his display of unhappiness over President Obama's criticisms of the Supreme Court's recent legislation -- excuse me, decision -- opening our electoral system to a new torrent of corporate money.

Alito's inability to restrain himself during the State of the Union address brought to wide attention a truth that too many have tried to ignore: The Supreme Court is now dominated by a highly politicized conservative majority intent on working its will, even if that means ignoring precedents and the wishes of the elected branches of government.

Obama called the court on this, and Alito shook his head and apparently mouthed "not true." His was the honest reaction of a judicial activist who believes he has the obligation to impose his version of right reason on the rest of us.

The controversy also exposed the impressive capacity of the conservative judicial revolutionaries to live by double standards without apology.

The movement's legal theorists and politicians have spent more than four decades attacking alleged judicial abuses by liberals, cheering on the presidents who joined them in their assaults. But now, they are terribly offended that Obama has straightforwardly challenged the handiwork of their judicial comrades.

...[W]hy do they think it's persuasive to argue, as Georgetown Law professor Randy Barnett did in The Wall Street Journal, that it's fine for a president to take issue with the court, except in a State of the Union speech? Isn't it more honorable to criticize the justices to their faces? Are these jurists so sensitive that they can't take it? Do they expect everyone to submit quietly to whatever they do?

In fact, conservatives have made the Supreme Court a punching bag since the 1960s, when "Impeach Earl Warren" bumper stickers aimed at the liberal chief justice proliferated in right-wing precincts.

...As for the specifics of Obama's indictment, Alito's defenders have said the president was wrong to say that the court's decision on corporate political spending had reversed "a century of law" and also opened "the floodgates for special interests -- including foreign corporations."

But Obama was not simply referring to court precedents but also to the 1907 Tillman Act, which banned corporate money in electoral campaigns. The court's recent ruling undermined that policy. Defenders of the decision also say it did not invalidate the existing legal ban on foreign political activity. What they don't acknowledge is that the ruling opens a loophole for domestic corporations under foreign control to make unlimited campaign expenditures.