June 25th, 2012
By Peter Le Force -- In a rare but transient moment of judicial equanimity and integrity -- the Supreme Court voted 5-3 to overturn
the most onerous of the Arizona "Show Your Papers" law -- essentially saying that Arizona was intruding into the domain of federal law and government -- and over-reaching into things in which they had no business meddling in. Conservatives Scalia and Alita excoriated everybody from President Obama to Jesus in their hysterically strident and bitter dissenting opinions (Elena Kagan recused herself because she was involved in the debate regarding the law early in its trajectory through the court system in her partisan role as President Obama's Solicitor General on behalf of the Obama administration.
Likewise, in a ruling on whether is was constitutional for under-age children (younger than 16) to be sentenced to life in prison without the
possibility of parole (or Life Without - as it is called in common legal talk) -- or a sentence to a life in prison until dead. This time the Supreme Court voted 5-4 to forbid the mandating of a sentence of life in prison without possibility of parole for underage children who are convicted of committing murder. The swing vote in this case was Anthony Kennedy, who, to his credit, just could not come down this time on the side of making it mandatory to send children who have been convicted of committing murder to life in prison without parole. Regrettably, however, while Justice Kennedy showed admirable sensitivity and humanity by coming down on the side of reason and compassion in support of some flexibility in the sentencing of children in capital cases, he nevertheless has no compassion or sensitivity to the preservation of democracy in the United States by voting with the four political hack conservative wing-nut fascist justices to rule against the Montana Corrupt Practices Act -- and proclaiming that states had to abide by the Supreme Court Citizen United ruling.
The Montana Attorney General promised publicly after the ruling was announced that the battle wasn't over -- and that ultimately he felt
pretty certain that eventually the law will be thrown out. I think so, too. The Supreme Court ruling on the Affordable Care Act decision will be announced on Thursday, June 28, 2012, the last day the court is in session -- immeidately after which the justices will leave town -- and will be gone -- until they resume in October of this year.
But for today -- we were 2 for 3. Thank you Anthony Kennedy -- and may god speed your return to sanity and your ultimate vote to reverse your original democracy killing decision in Citizens United.