Friday, January 22, 2010

For Media, Conservative Judicial Activism NOT an Issue for the Roberts Court? Why?


The title above is just an observation, but had a liberal court tossed out 100 years of precedent and intentionally broadened a case before them to give personhood to corporations, what do you think would be repeated over and over?

Having already made my case about the conservative judicial activism of the U.S. Supreme Court, I thought this opinion from former mayor and now political blogger Paul Soglin brought out the simple, easy to understand truth. waxingamerica.com:

Right Wing Radical Extremists Legislate from U.S. Supreme Court Bench

With the decision to throw out the legislated ban on corporate contributions to political campaigns, the fanatical right wing U.S. Court majority tore up the Constitution and legislated from the bench.

As any school child knows, t freedom of speech is not absolute. You cannot shout "Fire." in a crowded theater intending to create a panic or disturbance. Two mobsters cannot discuss the execution of their boss and get away with it, even if they do not kill him. And you cannot go up to a stranger in a convincing manner and threaten to punch out his lights.

Every protected freedom has to pass a balancing test.

For over a century, from state houses to the U.S. Congress, there were laws limiting contributions to political campaigns, particularly by corporations.

In this one instance the five justices rewrote over a hundred years of legislation and prior judicial decisions, and with judicial activism that would make the Warren Court blush, plunged our nation into political chaos.

If there is a sliver lining in this dreary cloud, it will be the right wing pundits rationalizing that this is not conservative activism as regarding a decision that even moderate Republicans despair.

The decision drips with hypocrisy.



According to the Huffington Times: The decision completes what Slate's Dahlia Lithwick calls "The Pinocchio Project," in which the Court transforms "a corporation into a real live boy," complete with personhood, free-speech rights and the unfettered opportunity to drown the body politic in a tidal wave of perverse incentives.

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