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View Diary: How John Roberts orchestrated the Citizens United decision (220 comments)

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  •  That's Not a Dodge (0+ / 0-)

    That's rejecting the question. That's what lawyers do. If Alito wanted to insist on the invalid question, a good lawyer would have exposed their agenda and really blown them. That would have made it harder for the rest of the justices to use Alito's line, or join him in concurrence.

    The Constitutional argument for the point of view that extenuating circumstances allow regulation of the press despite the First Amendment is completely obvious from the many such regulations that all depend on that POV.

    The Constitutional argument that 500 page books are different from TV ads in the government's power and the public's interest in regulating them is completely obvious from the many such regulations that all depend on that POV.

    Unless you concede those arguments by getting it wrong and saying there is no difference, the power is equally limited. Then you ignore that there are crucial barriers to creeping from TV ads to 500 page books.

    Meanwhile you ignore the race down the slippery slope to "corporations are people with the same rights as humans". That's legal malpractice, and it's primarily Stewart's fault for even accepting the question about crossing the boundary that  the law in dispute clearly respected.

    "When the going gets weird, the weird turn pro." - HST

    by DocGonzo on Fri May 18, 2012 at 04:24:03 AM PDT

    [ Parent ]

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