In what has become typical of this ideologically divided court, in a not-so-stunning and unsigned 5-4 decision, the Supreme Court struck down Montana’s anti-corruption campaign finance regulation being challenged in American Trading Partnership v. Bullock.
From the majority decision:
“The question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does. Montana’s arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case.”
Serious Court watchers never expected a different result. In fact, the only surprise all along came last week when the Court didn’t render a summary judgement of dismissal. But that was only to temporarily assuage ruffled feathers on the Court. The Roberts 5 are ideologically driven and nothing in law, Congress or conscience will dissuade them from their mission of dismantling the Federal government and preparing the way for corporate governance.
The Supreme Court has long been a corrupt protector of the status quo: Dred Scott, Plessy, Ledbetter, Buckley, Bush v. Gore, Citizens United and on and on and on. There have been some high water marks, to be sure, but the arc of the Supreme Court is toward plutocracy, not justice. And the five ideologues on the Court know it because they don’t sign decisions they know will be laughed out of future Courts. These people are totally corrupt and totally stupid, all the time.
The end game of all this is likely to be reformation of the Court itself. We should not allow such a small group of people to have such power over our democracy. The Court needs to be expanded at the very least, and not by a little. Try 35, with ten-year terms that automatically renew unless Congress chooses to review a Justice’s tenure.
The public is becoming increasingly restless about the Supreme Court and fewer people still believe in its impartiality as an institution. We’re nowhere near the groundswell we need to reform the Court but passing an amendment to overturn Citizens United and forcing the Roberts 5 to either back down or go too far is a good start. This is already a Constitutional crisis for the rest of us. It’s time to make it a crisis for the Court, too.
Decision: American Trading Partnership v. Bullock
Article: New York Times
Press release: Sen. Whitehouse (hates it)
Press release: Sen. McConnell (loves it)
Related lesson: Cronyism in America (video)