… and 8 years of Bush == an end to what little democracy we have left. The essence of the case is an emasculation of representative democracy, an increase in corruption, the overturning of long-standing precedent, and an opening of the floodgates to direct, corporate participation in campaign spending. From the NYT:
A bitterly divided Supreme Court ruled on Thursday that the government may not ban political spending by corporations, labor unions or other organizations in elections. The court’s majority in Citizens United v. Federal Election Commission swept aside a century-old doctrine in election law, ruling that the campaign finance restriction violated the First Amendment’s free speech principles. The dissenters said opening the floodgates to corporate money will corrupt democracy.
Well, I guess at least the corporate influence will be unmistakably obvious now. So we’ve got that. We’ve also got a near 0 probability of any reform candidate ever winning, and a near 1.0 probability of incumbent protection … leading to further ossification of our government and the strengthening of the oligarchy. On the other other hand, maybe this is outrageous enough to re-spur the reform movement … in another 100 years.
While I should add that I believe the definition of an “activist” judges is one who issues a decisions with which you disagree, this is an activist decision. There is nothing more “activist” than overturning a 100-year old precedent, which the Scalitothomasroberts group did. Thus, the Bush “minimalists” and “strict constructionists” and “originalists” are … activists.
Also, fuck you, Kennedy.