SCOTUS – A “conservative” court?

con·serv·a·tive

[kuhn-sur-vuh-tiv]  adjective

1. disposed to preserve existing conditions, institutions, etc., or to restore traditional ones, and to limit change.

A lot of my Democratic buddies might be surprised to hear this, but I’m a pretty conservative guy, and I definitely believe in a conservative judiciary.

So in what universe can a Court be called “conservative” that reaches out to tell the litigants to bring it issues that neither side has briefed and didn’t intend to argue; that reverses long-standing legal precedent after these new issues are brought to it; and fundamentally changes the political landscape by its far-reaching and ground-breaking 5-4 decision.

Well, in this universe apparently.

E.J. Dionne of the Washington Post recently wrote for a piece for Sojourners,  favorite magazine of mine, Sojourners (and their associated blogs at sojo.net) and posted an excellent piece on the impact of the Citizens United case.  He outlines in a very methodical and precise fashion just how far the “conservatives” had to go to come up with this decision.   (Of course it reminds me of the infamous words of Justice Alito  — “not true, not true” — when it was predicted that this ruling would “open the floodgates to special interests.”  Wonder if His Honor still believes that?)

And I read this morning that in Arkansas former Justice Stevens told an audience this week, that he believes the Court — now seeing the destruction that this decision is bringing to politics — will look for a way to pull us all back from the cliff.  Maybe.

One can only hope.

 

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About Mike Daisley - Civil Litigation Attorney, Mediator, Writer, Licensed Lay Preacher (Episcopal Church, Diocese of North Carolina)

Mike Daisley is a civil litigation attorney and Certified Mediator in Charlotte, North Carolina, and owner and president of "DaisleyLegal" a virtual law firm focused on helping victims of drunk driving injuries and other careless individuals and corporations. He devotes a significant time of his practice as a mediator in North Carolina's Superior Courts, using his 35 years of litigation experience to counsel and assist opposing parties to resolve their disputes and lawsuits cooperatively, avoiding the high expenses and time commitments involved in going to trial. In addition to his commitment to Civil Trial Advocacy and Alternative Dispute Resolution, Mike is also an avid writer, and has a wide array of interests outside of his legal practice, including stints as a columnist for The Charlotte Observer, political analyst for WCNC-TV and WBT Radio. Mike’s biggest passion outside the law is learning and writing about theology, and especially the role doubt plays in faith, the role faith plays (or should play) in politics, and (as he puts it) the “beauty and deep mystery” of the liturgy. Mike is a lifelong Episcopalian, and often jokes that means "I am a raging agnostic at least two or three days a week.” In 2019, he was appointed by the Bishop of the Episcopal Diocese of North Carolina as a licensed Lay Preacher in the Episcopal Church. (A sample of Mike’s preaching can be heard here: http://www.stmartins-charlotte.org/content.cfm?id=2245&download_id=269#attached_content) To discuss the possibility of teaching, lecture, sermon or interview requests (or to make any comments or suggestions about the “WithGladness” blog) you may contact Mike at any Office email : Mike@DaisleyLegal.com Personal email: MikeDaisley@outlook.com Office voicemail: (704) 554-2306 Mike Daisley & Associates, LLC 1515 Mockingbird Lane, Suite 400 Charlotte, North Carolina 28209
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