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View Diary: MONTANA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! (288 comments)

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  •  Even if the US Sct does overturn (4+ / 0-)
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    indiemcemopants, pico, TofG, Seamus D

    it still weighs in the balance of legislation/Constitutional amendment/future court decisions.  

    I believe CU was a 5-4 decision, so is weak precedent for future Congresses, conventions and courts.

    Greed's self-regulation is collapse. So is delusion's.

    by Publius2008 on Sat Dec 31, 2011 at 11:33:03 AM PST

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    •  True enough. The biggest problem with (2+ / 0-)
      Recommended by:
      indiemcemopants, Seamus D

      C.U. is that it was so broadly decided that it gives no room for Congress or the states to keep trying to find a good balance between the desire to regulate indirect political speech and the First Amendment's protections: SCOTUS basically said it's so difficult to do that no one can do it, the end.  That's a heck of a hole to dig oneself back out of.

      Saint, n. A dead sinner revised and edited. - Ambrose Bierce

      by pico on Sat Dec 31, 2011 at 11:39:06 AM PST

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    •  IIRC regarding (3+ / 0-)
      Recommended by:
      pico, eglantine, Seamus D

      Citizens United, they had pretty much signaled that they were going to rule that way from early on in the case because of the fact that they wanted to rehear oral arguments on an issue that only vaguely touched on the original case.

      And then when they finally had an oral argument, the SG said that the government under the campaign finance law could potentially ban a book. Seriously. (Then when Kagan became SG, and her first oral argument was for that case, she admitted that the government's position had changed on the book ban issue and that it would not be allowed.)

      Or in other words, it seems like the conservatives were just on a mission from the outset. I have no idea if their mission could be overturned when we have 5 or 6 votes, but the fact is that it's less of a good constitutional law than it is just a part of the conservative agenda.

      That said though, this specific case isn't a good vehicle for overturning CU anyway.

      Read my stuff at burn after writing and The Huffington Post @indiemcemopants on Twitter

      by indiemcemopants on Sat Dec 31, 2011 at 11:40:04 AM PST

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