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View Diary: Russ Feingold: SCOTUS Beginning to Take Note of Judicial Disaster That is Citizens United (256 comments)

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  •  How is this "hurting the court"? (2+ / 0-)
    Recommended by:
    eXtina, Lawrence

    Its reputation, certainly, but how does this actually hurt the court given that its rulings are final and binding and not subject to legal reinterpretation or reversal let alone nullification, at least not lawfully, except via the amendment process, which is long and difficult to say the least? So how does this hurt the court?

    There is, of course, precedent for ignoring a court ruling. Some deplorable and ones we should not seek to repeat or emulate, like Jackson's snubbing of the Marshall court's ruling that native tribes had title to their lands in the south. And some admirable and worthy of emulation if need be, most notably the many acts of civil disobedience during the civil rights era, before Plessy was reversed.

    It would be unfortunate if rulings like CU led to the country gradually coming to ignore the courts, which would lead to serious constitutional crises. We've had one or two of those before and they didn't turn out well. Like the Civil War.

    Rulings like CU are less about hurting the courts than hurting the republic.

    "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

    by kovie on Fri Mar 09, 2012 at 01:10:33 PM PST

    •  The only thing it can do to them is tarnish their (1+ / 0-)
      Recommended by:
      eXtina

      legacy.

      What'd the devil give you for your soul, Tommy? He taught me to play this here guitar REAL good. Oh son, for that you traded your everlastin' soul? Well, I wuddn' usin' it.

      by ZedMont on Fri Mar 09, 2012 at 04:45:17 PM PST

      [ Parent ]

      •  Like they care (1+ / 0-)
        Recommended by:
        eXtina

        Right now they're the toast of the beltway conservative set, and to them, that's all that matters. If and when things shift back to the left--and they will, as they always do--they'll be out on the cold again, and it will matter. But that's still some time off, and for now they're basking in blissfull denial.

        You think Roger Taney cared about his legacy in the 1850's?

        "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

        by kovie on Fri Mar 09, 2012 at 06:39:02 PM PST

        [ Parent ]

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