
From the majority opinion, written by Justice Kennedy:
By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The Government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each.
Cuz Corporate personhood was such a great idea…
FTW.
This post will be updated if I can stomach it.
UPDATE: Justice Stevens dissents…
In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure,and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races.
UPDATE: More Justice Stevens, from ThinkProgress:
Today’s decision is backwards in many senses. It elevates the majority’s agenda over the litigants’ submissions, facial attacks over as-applied claims, broad constitutional theories over narrow statutory grounds, individual dissenting opinions over precedential holdings, assertion over tradition, absolutism over empiricism, rhetoric over reality. Our colleagues have arrived at the conclusion that Austin must be overruled and that §203 is facially unconstitutional only after mischaracterizing both the reach and rationale of those authorities, and after bypassing or ignoring rules of judicial restraint used to cabin the Court’s lawmaking power. … At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.
UPDATE: President Obama’s response to the SCOTUS ruling, via ThinkProgress:
Statement from President Obama: “With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington–while undermining the influence of average Americans who make small contributions to support their preferred candidates. That’s why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.”
Also at the ThinkProgress link, several Republican responses to the ruling. Three guesses what they’re like…
We’re toast.. It was fun while it lasted—democracy that is..
The biggest problem with our government and our elections is there’s too much money involved. So what does the SCOTUS do? They allow even more money to be involved! Talk about activist judges.
Talk about activist judges.
Exactly, Ben Hoffman.
I wonder how Fox and the right wing are going to spin this as a good thing for the US?
Chuck Schumer was on quite a rant. If I can find the link I’ll put it here.
Alan Grayson has a petition up against this travesty. Sign here.
In-Justice KENNEDY:
“By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice.”
a corporation isn’t a “disadvantaged person”, even if given the ‘personhood’ supposedly afforded-it by the 14th Amendment (which actually provides no such status to corporations )!
This decision is the most grotesque travesties of jurisprudence ever written. Justice Stevens is absolutely correct. Corporations are not citizens. They are not people. The Constitution starts off with “We the People” and at no place does it mention companies, corporations or any other nonhuman entity as having the rights of a citizen of the United States.
Citizens have the Right of Freedom of Speech. The last time I checked corporations can’t talk. Or vote. Equating a company with a human being is like giving your favorite car rights as a citizen. This decision is a blatant activist abuse of our legal system, pandering to money interests at the expense of our citizens.
It is time for Congress to write a law clearly defining that US citizenship and all rights that apply are for human beings and human beings only. Companies, animals, motor vehicles, rocks and Martians are not covered.
Bravo, Med. Well done!
Now, will the Corporate Congress pass such a law?
Someone should ask Kennedy (I hate using that name in reference to this toady) if he intends to give all corporation owned vehicles handicapped license plates. Poor disadvantaged things.
Schumer: “The bottom line is this: the Supreme Court has just predetermined the winners of next November’s elections. It won’t be Republicans. It won’t be Democrats. It will be corporate America.”
HuffPo has the video here.
I think this ruling explains why the Obama Administration has been such corporate kissups up until now. They could always have backtracked later, if somehow the decision went against the corporations. Now, they haven’t burned any bridges yet, and can continue to court the big money.
Listen to Thom Hartmann on the SCOTUS decision.
This is delayed 3 hours.
3pm-6pm est http://www.am760.net/main.html
“What for of government have you given us Mr Franklin?”
“A republic, *if* you can keep it….”
Like you said Muse, it was nice while it lasted…..
Government of the corporations, by the corporations and for the corporations – dates from today.
Hinckley, you should’ve been a better shot.
And this is being spun by the media as “another defeat for the Obama presidency”. F***ing brain dead.
I posted over at TP earlier today about a statement that Stevens had made regarding the decision, basically implying that the majority was doing some judicial activism. Found the money quote:
Stevens, in a 90-page opinion that dwarfed Kennedy’s, complained that the court majority overreached by throwing out earlier Supreme Court decisions that had not been at issue when this case first came to the court.
”Essentially, five justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law,” Stevens said.
http://www.nytimes.com/aponline/2010/01/21/us/AP-US-Supreme-Court-Campaign-Finance.html?pagewanted=2
Exactly, Theresa.
This ruling should be thrown out on its ass (if that’s even possible), and the five justices in the majority should be impeached.
Zooey,
Stevens’ dissent is absolutely blistering. I’ve scanned it and he just rips up the majority. So much for Roberts’ respecting previous decisions (what is that stare derisis or something?). Download the decision and read what Stevens writes (I do like his style; he doesn’t mince words and I like that; his disgust is apparent).
I’ve always wondered who keeps the SCOTUS in check. Can we have a SSCOTUS?
Stare decisis (from the Latin phrase Stare decisis et non quieta movere, “Maintain what has been decided and do not alter that which has been established”) is the legal principle by which judges are obliged to obey the precedents established by prior decisions.
Roberts said he was all about respecting stare decisis — and he hasn’t yet.
Justice Stevens’ dissent begins on page 91 of this pdf.
So, at this point can anyone in Washington say that Roberts perjured himself during his confirmation hearings? He has yet to uphold and respect any previous decisions? Hmmmm.
Turley speaking on Olbermann now….
With this ruling, the SCOTUS has essentially gutted itself.
All decisions will now be suspect.
I hope BnF stops by soon. I think we need his professional wisdom.
Stevens’ dissent:
Ouch!
Turley says that we pay too much attention to the “fuel” of campaign finance, rather than looking at the “machine”. Good point. Retool the machine.
So, I wonder what Obama’s first State of the Union address is going to be like?
Here’s how I’d start it, if it were me:
“Let me be clear….this country is FUCKED!”
More from Stevens:
Blistering!
In Stevens’ conclusion:
He just called them activist judges — and rightly so.
That’s how I’d start the SOTU, 5th! Man, that would get some attention.
Jonathan Turley is dead to me.
First he tries to trash Sonia Sotomayor, and now he says he would have sided with the majority on this decision.
Fuck him.
just off to catch Olbermann 1/2 way through….