September, 09 2009, 05:00pm EDT
Court "Conservatives" Suggest Readiness to Overturn 100 year-old Democratic Principles: Justice Sotomayor Suggests More Conservative Approach
Argument Heard Today Suggest Precedents Limiting Corporate Political Influence Under Threat
WASHINGTON
Today's argument in Citizens United v. FEC suggests that the Roberts
Court is poised to sweep aside century-old restraints on corporate
domination of the political marketplace--unless the wisdom of the
Court's newest member proves persuasive when the decision is ultimately
written.
As Justice Sotomayor listened to some of her colleagues encourage
Ted Olson's argument for overruling key Supreme Court precedents
preventing the use of corporate general treasury funds in elections,
she intervened to ask a pointed question of Olson: "Are you giving up
on your earlier arguments that there are narrower, nonconstitutional
grounds for deciding your case"? And Mr. Olson had to say "no." This
question by the newest Justice was a pointed reminder that if
overruling key precedents is a form of judicial activism, doing so when
there clearly are more narrow, statutory grounds for deciding the case
is a truly extreme example of judicial activism.
As explained in a blog post
by Demos' Democracy Program Director Brenda Wright, the two key
precedents the Court appears intent on overturning--Austin v. Michigan
Chamber of Commerce and McConnell v. FEC--affirmed that Congress and
the states may require corporate political speech to be funded by
donations from persons who agree with the corporation's message rather
than by corporate general treasury funds that were not accumulated for
political purposes. A majority of the current Court, however, appears
ready to hold that corporations must enjoy an unfettered right to
dominate electoral politics by using their huge corporate general
treasury funds in electoral campaigns--regardless of the political
views of shareholders.
"The general treasury funds of large for-profit corporations
entirely dwarf the resources available for political expenditures from
individual citizens, and thus will provide a virtually irresistible
target for political actors clawing for advantage in federal elections
if Austin and McConnell are overruled," said Wright. "Democracy should
not be a wholly owned corporate subsidiary, but today's argument
suggests that is where the Roberts Court may be headed."
Jeff Milchen, the co-founder of the American Independent Business
Alliance, reacted to Justice Scalia's repeated questions about
protecting the rights of small businesses: "For ten years, I've spoken
with dozens of business owners every week and often discuss their
concerns with government policy. Not once has an owner raised concern
about restrictions on their ability to make political contributions.
For Justice Scalia to invoke concern for small business owners to
advance his agenda of expanding the power of giant corporations simply
is laughable."
Demos joined with the American Independent Business Alliance, a
non-profit organization helping communities design and implement
programs to support independent locally-owned businesses, to file a
friend-of-the-court brief arguing that elevating corporations to the
status of citizens has no constitutional basis and would harm not only
citizens, but America's small businesses.
The amicus brief on behalf of American Independent Business Alliance
was prepared by attorneys with Demos, a national, non-partisan
organization that works to ensure broad political participation and a
vibrant democracy; and by Daniel Greenwood, a professor at Hofstra
University School of Law who has written extensively about the
intersection of corporate law and democracy.
For more information, visit www.demos.org or www.amiba.net.
Demos is a think tank that powers the movement for a just, inclusive, multiracial democracy. Through cutting-edge policy research, inspiring litigation, and deep relationships with grassroots organizations, Demos champions solutions that will create a democracy and economy rooted in racial equity.
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Spying Expansion Could Hand 'Stasi-Like Powers' to Trump, Privacy Advocates Warn
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NSA whistleblower Edward Snowden is among the privacy advocates sounding the alarm over a major expansion of mass surveillance that the U.S. House approved in a bipartisan vote last week, a step toward handing the federal government—and a potential second Trump administration—even more power to spy on Americans' communications without a warrant.
Sean Vitka, policy director of Demand Progress, used social media to press the top Democrat on the House Permanent Select Committee on Intelligence (HPSCI) on the implications of an amendment that the lower chamber approved as part of a bill to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA).
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Himes, an opponent of reform efforts, responded dismissively to Vitka's question on Sunday, writing that "life is really too short to engage with people who need to use bombastic absurdities like 'Stasi-like.'"
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Snowden, who in 2013 exposed the NSA's illegal mass surveillance program, said in response that "the 'it's classified' dodge" by Himes "is a bright red flag."
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Snowden went on to argue that Vitka's "invocation of "Stasi-like" is not only a fair characterization" of the amendment, "it's probably generous."
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But the legislation still has to clear a procedural hurdle to reach the Senate. Later Monday, the House is expected to vote on whether to table a motion to reconsider RISAA's passage.
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U.S. Rep. Barbara Lee (D-Calif.), the lone congressional no vote against the war in Afghanistan, similarly called on the Biden administration to "lead efforts toward de-escalation, diplomacy, and securing a permanent cease-fire in Gaza."
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"To have a coal company sponsoring an exhibition on the future of energy is blatantly deceiving," Anya, a young person who occupied the Energy Revolution gallery, said in a statement. "Through this sponsorship deal, the Science Museum is helping Adani attach itself to the image of a positive and sustainable future when in reality it is a coal giant, weapons manufacturer, and genocide supporter. It's plain wrong for the Science Museum to be deceiving visitors, including young people like me, when it comes to the climate crisis."
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However, their comments didn't satisfy critics who participated in the weekend occupation. As Real Mediareported:
On Friday evening the activists smuggled in balloons and black paper which they used to create a large art piece—a mound of black coal—in the centre of the gallery. Their plan was to interact with the public on Saturday after their first night of occupation, including a People's Assembly to discuss the controversial sponsorship in the afternoon.
Police were called, but no arrests were made. However, perhaps embarrassed by the presence of the protest and their message about the climate-wrecking sponsors, the museum decided to prevent access to the gallery for the whole of Saturday, although supporters did come with more banners which they held near the entrance.
The protesters remained in the museum overnight on Saturday and ended their action on Sunday.
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Packham emphasized that "we urgently need an 'Energy Revolution' to steer us away from the course of planetary destruction on which we are heading. We need a rapid, just transition to renewables—that revolution means an end to coal, and starts with the young people and scientists occupying this space this evening. Science tells us the truth, and the truth is that we must change."
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