Shorter John Roberts -- It's Money that Matters

 

"It's Money that Matters" - Randy Newman

Newman provides a pithy, musical summing up of Chief Justice John Roberts' overarching judicial philosophy as exemplified in his latest travesty, a decision that an Arizona law providing for public campaign financing in elections to candidates who agree to certain limitations of their contributions -- these public funds, however, may be increased in proportion to the amount of expenditures of privately financed candidates.  The Roberts Court, by a familiar 5-4 vote, found that this violates the First Amendment, because -- well, just because you smarty pantses.  Because it undercuts the right of rich people and corporations to spend money without rebuttal in campaigns.   Well, the Court phrased it as "substantially burden[ing] protected free speech" -- that is to say allowing a rebuttal to speech procured the proper way, i.e. by begging from your economic betters, or best yet, being one of the betters to begin with -- something the Court finds serves "no compelling state interest."  Because moderating the influence of the rich could never really be a compelling interest of the state.

It's an amazing read.  And, of course, all four Democratic appointees to the Court joined in Justice Kagan's well written dissent, which notes, among other things, that the statute doesn't prohibit speech at all, it merely subsidizes additional speech.  (At this point I will once again remind everyone that 1) it really matters if the next person to be picking Supreme Court justices is Barack Obama or Mitt Romney -- let me repeat, it really, really matters in the actually existing world; and 2) Glenn Greenwald absolutely trashed Kagan, who, it turns out, is really quite a good, solid, liberal justice as I had predicted -- my point -- don't listen to the FDL and Greenwald types about these things -- it's high fucking stakes poker and these guys don't have a clue.)

This Supreme Court is really threatening to become on a par with its 1890s and 1930s predecessors (featuring the fabled "Four Horsemen of Reaction" whom I believe would be in a battle for the throne when faced with Scalia, Thomas, Roberts, and Alito).

And yes, I repeat the point about the Supreme Court and elections a lot.  I don't expect that this will change over the next 18 months    

Comments

[beckya57]

Hi Sir C,

I'm quite convinced that if Obama (or another Democrat) is in office when one of the 5 reactionary justices dies the Senate GOP will filibuster ALL the nominees. That 5th vote has given them enormous power, and I just don't seeing them ever giving that up. I'm willing to predict that the SC will have only 8 justices (and a lot of tied decisions) until there's another Republican president.

[oddjob]

At which point it becomes clear that the filibuster serves no useful purpose when it comes to SCOTUS nominations and a majority Democratic Party worth anything exercises the nuclear option and forces a ruling that the filibuster of SCOTUS nominees is out of order and prohibited.

(Not that I have hope of such an action.)

[beckya57]

Of course that would be the right way to go, oddjob, and if it was the GOP being disadvantaged they wouldn't hesitate to do it. But like you I don't have the same expectations of the Democrats.

[low-tech cyclist]

If there had ever been a doubt that the Roberts court is all about power to the plutocrats, this should end it.

Damn straight, it's important who picks those Justices. Not to mention, even if Obama wins re-election, we could lose the Senate, and it goes without saying that the Dems wouldn't play the obstructionist games that have become standard for the GOP, so Obama's veto pen would be the main thing standing between us and the dismantling of everything from Social Security to the FDA.

If Obama loses next year, the GOP will tear everything to shreds. There's not a doubt in my mind, especially after what we've seen from the raft of Midwestern GOP governors who got elected last November. If Romney gets elected, he won't have to personally push that sort of agenda; it'll sail through a GOP Congress, and all he'd have to do is not veto it.

I've never been so worried about the future of our country. We can't afford to lose the Presidency next year.

[kathy a.]

step at a time. it's better to have to worry about a possible fillibuster than to have certain knowledge that we will all be screwed for a good while if anyone in the clown car does the nominating.

[big bad wolf]

i tend toward pessimism, but what might be and what will be or is are different things

[big bad wolf]

i liked this essay about the roberts court straw man approach to frre speech by garrett epps

[kathy a.]

nice, BBW.

[Crissa]

What about my speech, won't that be a bit quashed knowing that no matter what I do, they have the right to outspend me?

[MR Bill]

Great piece from the Atlantic on the Robert's Court's fallacies of Corporate citizenhood.

[MR Bill]

crud big bad, you beat me..

[big bad wolf]

not crud, great minds, alike, all that. :)

[Davis X. Machina]

What about my speech, won't that be a bit quashed knowing that no matter what I do, they have the right to outspend me?

God loves them better, and has bestowed upon them the outward signs of His election, in abundance, lest they live in fear and trembling, for he is a merciful God.

[Paula B]

Davis X---
You're sooo right!
Proverbs 10:4
Poor is he who works with a negligent hand, but the hand of the diligent makes rich.

[Krubozumo Nyankoye]

Nice to see some familiar names here that have been a little scarce.

No doubt about it, there are major power grabs going on virtually across the board. So far we are probably only aware of the nunataks of corruption that have melted out of the otherwise opaque shield of secret and backroom deals. ALEC, Thomas' cozy relationship with corporate slush funds and lobbyists for same, election tampering and fixing by Diebold, systemic corruption of government down to the mayoral and county clerk level. Cantor is betting short on Treasury bonds, no conflict of interest there.

And then there is the brushed on glaze of theocratic frosting provided by the mycelium like dominionists.

Queue the Disney music, light up a couple more randy dandies, escalate the war on drugs (excepting those that are given the patent blessing to squeeze the last dime out of people dying in pain). It's a happy world for the 0.1% of the US population who run the show.

Pass the Gran Par....

[oddjob]

6th Circuit Court of Appeals upholds health care reform law.

Hat tip, Talking Points Memo.

[judy]

Really a great blog. Thanks for sharing!