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 @ DaisleyLawOffices, PC

Civil Litigation Attorney and Certified Mediator in North Carolina Superior Courts; President of Daisley Law Offices, PC, a law firm devoted to helping Veterans, the Disabled and severely injured victims of corporate or individual negligence. Experienced in Civil Trial Advocacy and Alternative Dispute Resolution, Mike is also a political analyst for WCNC-TV and WBT Radio,a writer and blogger on law, political discourse and theology, and a lifelong Episcopalian (which, as he explains, means "I'm a raging agnostic at least three days a week.") Office email : Mike@DaisleyLawOffices.com (704) 331-8014 Charlotte, North Carolina
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