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View Diary: Obama should appoint a lesbian to the Supreme Court (380 comments)

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  •  Well, it would be very surprising... (6+ / 0-)

    if the Citizens United decision is revisited let alone reversed any time soon regardless of whom Obama appoints. That decision, I suspect can only be reversed via an Amendment specifically eliminating corporate personhood. That said, given the choice of the two lesbians, I'd support Karlan.

    I certainly agree with the diarist that Scalia's contempt for gay people is so seething that a progressive open lesbian sitting next to him on the Court could be the straw that gets him to retire even with Obama in office.

    Just another socialist fuckstick homosinner!

    by Ian S on Wed Apr 14, 2010 at 08:45:08 AM PDT

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    •  This wouldn't do it: (6+ / 0-)
      Recommended by:
      Adam B, FunkyEntropy, VClib, the new, J M F, MooseHB

      That decision, I suspect can only be reversed via an Amendment specifically eliminating corporate personhood.

      As the decision in Citizens United does not depend on whether corporations are legal "persons" or not.

      You'd need language like this:

      The Congress shall have the power to regulate the speech of {corporations, organizations, whatever}

      It's about the powers of Congress, not the identity of the speakers.

      --Shannon

      "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
      "Dissent is patriotic. Blind obedience is treason." --me

      by Leftie Gunner on Wed Apr 14, 2010 at 10:04:04 AM PDT

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      •  Maybe not. IIRC, since the foundational opinion (1+ / 0-)
        Recommended by:
        catdevotee

        on which they and all the other cases they cited rely was one where the opinion did not decide the matter, but some clerk who trotted out and said it had been an unstated assumption of the Court and it was in the court notes in the days before reporters, some new court may take a crack at it.

        •  Christy - it is established law (0+ / 0-)

          Because the Santa Clara case has a footnote inserted by the clerk does not make it any less as established law. You have decades of other legal opinions supporting the rights of corporations. It's not going to change without a Constitutional Amendment.

          "let's talk about that"

          by VClib on Wed Apr 14, 2010 at 09:17:47 PM PDT

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    •  Ian S - Scalia retire - never (0+ / 0-)

      There could be two lesbians on the SCOTUS and it would not influence for a minute Scalia's retirement. He will die on the job or retire when there is a solid conservative in the White House to appoint his successor.

      "let's talk about that"

      by VClib on Wed Apr 14, 2010 at 09:15:08 PM PDT

      [ Parent ]

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