Category → Citizens United – Montana and the Supreme Court
By Thurman Leopold — In a rapid fire, almost knee-jerk and “real time” response to the Montana Corrupts Practices Act having been brought before it — making the decision in what, if memory serves, was about a week. Supreme Court hearings and decisions often takes months, sometimes overlapping years, to progress through the process, but with the election coming in November and election rules demanding “time of the essence” in their minds — to say little of whether or not corporations can spend unlimited money to buy elections was at stake — the court moved in near panic and “fight or flight” mode to overrule “state’s rights” arguments regarding campaign contributions laws in states — and said that Citizens United applies everywhere and to every level of government.
In so doing the Supreme Court, by virtue of STARK (Scalia, Thomas, Alita, Roberts, Kennedy), moved out of the role of unbiased jurisprudence based on case law and precedent and doubled down on the Supreme Court as political arm of the Republican party and right wing cheerleading political hacks for the rich and super rich in their class warfare against the middle class and working poor. These are troubling — and embarrassing — days for Americans, who have historically placed their trust in the non-political, fair and just role of the court as the touch-stone and final arbiter of our democracy.
Reaffirming that Citizens United trumps states rights, and preparing to rule on the constitutionality of Obama’s Affordable Care Act on Thursday, June 28, 2012, the Supreme Court has positioned itself to become the most disrespected and despised court in the last 100 years or so. Not that they would care. They are in the midst of the extreme, activist judges mode that Republicans and right wingers lament and cry about all the time – as they attempt to over-rule both the elected Congress and the elected President — to make law in favor of the right wing as a kind of government by fiat — instead of fair and balanced arbiter of disputes over law in America. Shame on them!