Legal Lessons From Obamacare Decision
Today’s legal lesson from the Supreme Court’s Obamacare decision—
If large numbers of people go around shouting UNCONSTITUTIONAL!!! as loudly as they can, as often as they can, in every place where they can, and for days and months on end—This still does not make what they are yelling about unconstitutional if in fact it is not unconstitutional.
Citizens United—People Are Just Going To Have To Decide What They Are Willing To Accept
The Supreme Court’s Citizens United decision, which is well on its way to further corroding people’s confidence in our so-called democracy, is allowing millions and millions of unregulated dollars into our campaigns.
(Above–Sheldon Adelson. Photo by Bectrigger.)
From the New York Times—
“Even in a political season marked by unprecedented levels of political spending, Sheldon Adelson stands alone. In recent days, Mr. Adelson, a billionaire casino owner, and his wife, Dr. Miriam Adelson, gave $10 million to Restore Our Future, a “super PAC” backing Mitt Romney, people with knowledge of the contribution said Wednesday. The move leaves the Adelsons by far the most prolific campaign donors in the country. All told, they have given at least $35 million to pro-Republican super PACs during the 2012 campaign, along with several hundred thousand dollars’ worth of $2,500 checks directly to federal candidates. That is more than twice as much money as the closest competitors for the title, the conservative Texas billionaire Harold C. Simmons and his wife, Annette… In the wake of court rulings and other actions that have largely deregulated the campaign finance system, wealthy donors and corporations are planning to pour hundreds of millions of dollars into this year’s presidential and Congressional elections, mostly in support of Republicans….It has also set off an arms race among Republican candidates for the allegiance of a small group of very rich donors. With a net worth of roughly $25 billion, Mr. Adelson is among the richest of all: In an interview with Forbes magazine this year, he suggested he would consider personally spending as much as $100 million on the 2012 elections.”
Sure.
The facts are out there and people are going to have to decide what they want and what they are willing to accept.
The work of freedom is up to each of us. You can stand by and lose your future to the super-rich as they buy off the political process, or you can decide to fight back.
Supreme Court Allows Strip-Searches Of All Who Are Arrested—Another Conservative Attack On Our Liberties
The five radical conservatives on the Supreme Court have allowed strip-searches to be conducted on any person who is arrested.
“The Supreme Court on Monday ruled by a 5-to-4 vote that officials may strip-search people arrested for any offense, however minor, before admitting them to jails even if the officials have no reason to suspect the presence of contraband….The procedures endorsed by the majority are forbidden by statute in at least 10 states and are at odds with the policies of federal authorities. According to a supporting brief filed by the American Bar Association, international human rights treaties also ban the procedures. The federal appeals courts had been split on the question, though most of them prohibited strip-searches unless they were based on a reasonable suspicion that contraband was present..”
Conservatives don’t hate activist judges and big government.
They just want to make sure that these things are there to overturn Presidential elections, make sure people of color have a hassle voting, make sure you can’t get health insurance, protect the rich, break up your lawful assembly, and strip search you.
Also, in Texas, the state engages in state-mandated rape of women seeking a fully legal abortion.
We’ve heard all this blather over the years about alleged socialism and about how government is going to come and take away your gun.
And yet—The real threats to liberty come from corporate rule of the nation, fanatical social conservatives, national security concerns on steroids, and from a Republican Party that is little more than a vehicle for the most greedy and mean-spirited in our nation.
Though maybe the greatest threat to liberty of all are those on our side of the aisle who are doing nothing to combat these actions by our domestic foes.
The work of freedom is up to each of us. We can’t count on anybody but ourselves to fight for a just and decent nation.
Iraq Veteran Scott Olsen Wounded By Police At Occupy Oakland—Please Consider Supporting The Occupy Wall Street Effort
Above is a picture of former Marine Scott Olsen after he was seriously wounded by Oakland police yesterday as they attempted to break-up the Occupy Oakland effort.
Mr. Olsen was hit in the head with a projectile of some kind.
The folks who helped bring about this recession with economic crimes and fraud don’t go to jail, but you see above what can happen when you advocate for economic fairness.
The Voice of America reports that Occupy Oakland protestors are not giving up.
Here is how Jon Stewart reported on the situation in Oakland.
Tea Party events have in many cases treated very well by police. This has been the case even when Tea Party rallies have involved people brandishing guns in public.
Political protestors of all viewpoints should be given a wide latitude. The current Supreme Court has made clear that First Amendment rights are very important.
The Citizens United case was about free speech for political donations of many kinds and from very powerful interests. The Supreme Court has ruled that the Westboro Baptist Church people may shout offensive things at the funeral services of veterans killed in combat.
Free citizens must be allowed to take part in our democracy. Occupy Wall Street supporters do not have the money to buy millions of dollars in campaign ads, or to buy the votes of politicians on both sides of the political aisle.
I support the Occupy Wall Street effort because I’m a hard-working, taxpaying citizen who votes in every election. I want a society where there are good jobs, where everybody pays a fair share of the taxes , and where we show some care for each other.
Here is the Occupy Wall Street website.
There are Occupy efforts taking place all over the nation. Look around and you may find one near you.
If there is not one near you, then start one yourself.
There are Occupy pages all over Facebook.
People have a right to protest and to ask for a fair society.
I’m certain that many police officers feel the very same way. Police officers are everyday working people.
Please take time to consider the Occupy Wall Street effort and please consider lending your support in some way.
Christmas Tree Protest Against Citizens United Ruling—Maybe You Can Do Something More Effective
Above you see a Christmas ornament on my Christmas Tree.
The ornament is of the U.S. Capitol with a copy of the Constitution scrolled around the building.
You light up the ornament by placing a Christmas tree light into the back of the ornament.
I placed a green bulb in the Capitol/Constitution because our nation’s political system is run by big money.
It’s always been this way—But since the terrible Citizens United ruling earlier this year by the Supreme Court, the rule of big money is even worse.
The 2012 campaign is going to be all about big money from often secret sources.
The Citzens United decision allows for unlimited secret money to be donated to political campaigns from corporations and the super-rich.
I’m not certain my protest of making the Capitol and the Constitution the color of money will change much.
It is simply what I could do in the context of my Christmas Tree.
However, there are things we can do to combat the role of big money in our politics.
We can donate money ourselves, discuss issues with friends and family, run for office, start a blog, contact our elected officials, volunteer for candidates or causes we support, and do whatever else we feel may be of value.
There are always things we can do. It is up to us to do the work of freedom and democracy.
To the left of the Capitol ornament you see a salmon.
That would be a great movie where the Capitol was attacked by a salmon. I hope somebody makes that movie real soon.
Justice Stevens Retiring From Supreme Court—Resources To Learn About The Supreme Court
Justice John Paul Stevens will be retiring from the Supreme Court at the end of the current term.
(Above—Justice Stevens in 1976.)
Let’s hope that President Obama picks a liberal to replace Justice Stevens. Let’s hope the President selects relatively young liberal who will serve on the Court for many years to come.
Here is a review of Justice Stevens’ time on the Court from The New York Times.
The article explores–among other things–how Justice Stevens became a leader of the Court’s so-called liberal wing after having been appointed to the Court by President Gerald Ford.
Here is a Huffington Post article on possible replacements for Justice Stevens.
There are resources both online and in books to help you learn about the history of the Supreme Court. It is also so that just by regularly reading a daily newspaper you can learn a lot about the court and about the confirmation battle ahead after President Obama makes his nomination.
Below are some links to learn about the court. It is up to you to know what is going on the world.
Here’s the Supreme Court web home.
Here’s a review of A People’s History of the Supreme Court by Peter Irons.
Here’s a link to learn about some important cases in Supreme Court history.
Here’s a list of all 111 Supreme Court Justices to date.
The Oxford Companion To The Supreme Court is a very useful reference. This book has brief but useful biographies of each Justice who has served on the court, and has accounts of many cases that have been decided over the years.
(Below—William Brennan was a liberal on the Supreme Court. He was a member of the Court between 1956 and 1990. Here is Justice Brennan’s obit from the Washington Post.)
Sotomayor Hearings Would Be Better With Muppets—Transcript Of The Hearings
Confirmation hearings have begun for Sonia Sotomayor.
Texas Liberal, your blog of record, has the transcripts for these hearings.
Here they are…”Blah blah blah blah blah blah blah blah.”
Want to know what they’ll say tomorrow?
Blah blah blah blah blah blah blah blah.
What are the chances Judge Sotomayor will not be confirmed? What are the chances that the ranking Republican on the Senate Judiciary Committee, Jeff Sessions of Alabama, is not a states rights bigot just updated for the modern day?
Abortion. Strict construction. Empathy— They will talk and talk and talk. It’s the same thing you’ve seen many times before. And like a wrestling match on TV, the outcome is already determined.
These hearings will take the time of your life, and not even offer a good show in return like we got with the Robert Bork and Clarence Thomas hearings.
I just don’t get how anybody could sit and watch these hearings.
Above is a picture of many Muppets. Think of how much better the Sotomayor hearings would be with Muppets. The Muppets could testify or they could replace the senators on the committee. I mean this for real. The hearings would be great with Muppets. It would be best if the Muppets had their own material. But even if the Muppets said the exact things that would be said in the real hearing–That would still be great. I’d watch that.
Here is a good history of The Muppet Show from the Museum of Broadcast Communications.
None of this is to say that the Supreme Court does not matter. It does. Below are a number of Supreme Court reference links.
Here’s the Supreme Court web home.
Here’s a review of A People’s History of the Supreme Court by Peter Irons.
Here’s a review of The U.S. Supreme Court–The Pursuit of Justice edited by Christopher Tomlins.
Here’s a link to learn about some important cases in Supreme Court history.
Here’s a list of all 110 Supreme Court Justices to date.
It’s up to you to learn the things you need to know.
While People Go On About Michael Jackson, Supreme Court Makes It More Difficult For Black Folks To Get Promoted At Work
While people go on about the death of Michael Jackson, an adult who often kept company with children that were not his own, the United States Supreme Court has made it more difficult for black folks to get promoted at work.
In a 5-4 decision , the Court ruled that the city of New Haven, Connecticut could not consider race in the context of an exam the city had used to help determine firefighter promotions.
( Above—A memorial for Michael Jackson.)
Here is a story on the case and the Supreme Court’s findings.
Here is an editorial on the ruling from the New York Times.
From the editorial—
The new standards announced by the court will make it much harder for employers to discard the results of hiring and promotion tests once they are administered, even if they have a disproportionately negative impact on members of a given racial group….Public employers that use civil service examinations and similar tests will be most directly affected, but the principle announced by the court applies to all employers and all sorts of procedures used to rank and sort potential and current employees….Justice Ruth Bader Ginsburg, reading a dissenting statement from the bench, said the majority had undermined a crucial civil rights law. “Congress endeavored to promote equal opportunity in fact, and not simply in form,” she said. “The damage today’s decision does to that objective is untold.”
Here is the NAACP viewpoint on this decision.
Here is the text of the Court’s decision.
What are the odds that the New Haven Fire Department has been an equal opportunity employer over the years?
If people want to line up and recall the life of a celebrity while a right-wing Supreme Court makes it harder for them to get ahead on the job—I can’t do anything about that.
Even with a black man as President, many in this nation are eager to reverse the gains of the Civil Rights movement and to undo progress we have made in this nation.
I can’t decide for others about what they need to be focusing on in life.
( Below–An Associated Press photo of New Haven firefighters celebrating outside the Supreme Court.)
Navy Wants To Keep Terrorizing Whales With Sonar Blasts
The Supreme Court today heard a case about Navy testing of sonar that may well harm and kill whales and dolphins.
At the moment, these tests off the coast of California are banned by federal court order.
Environmental groups say these sonar blasts sound as loud as a jet engine to whales and dolphins. The Navy says the tests are needed for national security.
Beyond these issues, the core of the matter seems to be whether the a judge can order the Navy to stop the tests because no environmental impact study has been done by the Navy. The case has implications beyond this specific concern.
Why can’t the Navy just do the study?
I think what we should do is extensively test just how the sonar bombardments sound to whales, and then recreate that noise for Naval test subjects. Maybe some in Navy could volunteer unlike the whales who have no choice in the matter. ( Though I bet that not many would volunteer to have their ears blasted out.)The test subjects could then report just how it sounded and we could make a judgement from that point.
This National Geographic story discusses possible harm done to Killer Whales because of Navy sonar tests.
And this National Geographic story says whales can be given the bends by such tests.
Here is some good information about many different types of whales.
Here is some history of the Supreme Court.