Category The Supreme Court

FUTURE SUPREME COURT CASES WILL TELL A TALE

The following upcoming Supreme Court cases should be watched to see if the “conservative” majority continues to make partisan or ideologically-driven decisions that reflect judicial activism (i.e., they disregard precedents and established law): (See my previous post on why the “conservative” justices are really radical, right-wing activists.) Department of Commerce vs. New York State, where the […]

REVERSING SUPREME COURT DECISIONS

Congress could reverse the effects of many of the Supreme Court’s decisions by changing relevant laws. Many of the Court’s 5 to 4 rulings by the “conservative” justices (who I argue in a previous post would be more accurately described as radical, right-wing, activists justices) are politically or ideologically driven. Congressional action to reverse them […]

THE NOT CONSERVATIVE AND NOT IMPARTIAL SUPREME COURT

“Conservative” is not the right term to use to describe the Supreme Court Justices who have been the “conservative” majority in many 5 to 4 decisions going back to at least 2000. This applies in particular to the current five “conservative” justices who will be the deciding majority in many future decisions. Chief Justice Roberts […]

RACISM ON THE SUPREME COURT?

On June 25, 2013, the U.S. Supreme Court ruled, in a 5 to 4 decision, that key provisions of the Voting Rights Act (VRA) were unconstitutional. The case was formally known as Shelby County, Alabama v. Eric H. Holder, Jr., Attorney General. Chief Justice Roberts wrote for the majority (which included Justices Scalia, Kennedy, Thomas, […]

THE UNDERMINING OF THE INDEPENDENCE OF OUR JUDICIARY

There is widespread acknowledgement that fair and impartial courts and judges are essential to public trust in our court system and our democracy. A key role of the judiciary is to ensure that the legislative and executive branches of government do not overstep their authority or violate individuals’ rights. This is one of the key […]

UNLIMITED, UNACCOUNTABLE CAMPAIGN SPENDING EXPLODES

Traditionally, campaign spending has been done by a committee set up and overseen by a candidate running for election. A candidate’s campaign committee is governed by state or federal laws depending on the office for which the candidate is running. These committees are required to publicly report donors and the size of contributions is limited. […]

IS JUSTICE FOR SALE IN STATE COURTS?

There is widespread recognition that a fair and impartial judiciary is essential to the maintenance of public trust and confidence in our court system and our democracy. In 39 states, at least some judges are elected; in aggregate, 87% of state judges nationwide run in elections. (In some states and for the federal judiciary, judges […]

ILLEGAL COORDINATION BETWEEN CANDIDATES AND “INDEPENDENT” CAMPAIGN SPENDING

As I described in my last post, one of the Supreme Court’s justifications for its decisions allowing unlimited spending by outside groups in our elections was that their spending would be independent of any candidate’s campaign. Therefore, as Justice Anthony M. Kennedy wrote in the Citizens United decision, such expenditures “do not give rise to […]

UNLIMITED DONATIONS AND SPENDING ARE CORRUPTING OUR ELECTIONS

The unlimited donations to and spending by Super PACs and non-profit “social welfare” groups [aka 501(c)(4)s] allowed by the Supreme Court’s 2010 Citizens United and other decisions have changed the whole pattern of funding for our presidential campaigns. These supposedly independent, “outside” entities are the dominant players in this election. Every one of the major […]

$200,000+ CHECKS ARE BEING GIVEN DIRECTLY TO CANDIDATES

In 2014, the Supreme Court, in a decision known as McCutcheon, ruled that it is unconstitutional to limit how much an individual can give in aggregate to all candidates’ campaigns and political parties during an election cycle. This ruling affects contributions that go directly to candidates, whereas the better known Citizens United decision allows unlimited […]

CORPORATIONS ARE NOT PEOPLE AND MONEY IS NOT SPEECH

ABSTRACT: Many millions of dollars are being spent by special interest groups on our political campaigns. This level of spending makes it clear that wealthy special interests – individuals, corporations, unions, and non-profit organizations – are taking over our elections. The only way to stop this undemocratic spending is through an amendment to the U.S. […]

SUPREME COURT UPDATES

ABSTRACT: Here are three quick updates related to the US Supreme Court. First, issues with the conduct and ethics of a couple of the Justices have arisen in part because Supreme Court Justices are not covered by the Code of Conduct that applies to all other US judges. A Supreme Court Ethics Act of 2013 […]

CAMPAIGN FUNDRAISING: THE PERFECT STORM

ABSTRACT: The unprecedented spending and the unprecedented secrecy in the current election campaigns are creating the perfect storm and it’s battering our democracy. They are the result of three factors: 1) great concentration of wealth, 2) unlimited campaign contributions, and 3) secrecy through weakly regulated non-profit organizations. Non-profit organizations don’t have to report contributors and […]

THE CORPORATE SUPREME COURT

Here’s issue #18 of my Policy and Politics Newsletter, written 2/5/12. Recent issues have looked at the Supreme Court’s Citizens United decision that gives corporations freedom of speech rights to spend unlimited amounts of money in our elections. This issue takes a look at some other Supreme Court decisions that also favor corporations. In addition […]