*******UPDATE JANUARY 21, 2010**************

       I told you so.

        Best regards,

             Snooky

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The upcoming opening day at SCOTUS (after they throw out the ceremonial first Death Row Inmate) brings a chilling argument to bear.

In an unusual move, the court has asked the parties in Citizens United V FEC to reargue their cases with direct view towards the validity of Austin V Michigan Chamber of Commerce (and whether it should be overturned).

The Austin case is the one which ruled that corporations and Unions may not use ‘treasury funds’ to directly contribute to or electioneer for individual federal candidates.

If Austin is overturned, just as one example, Rupert Murdoch would be legally allowed to spend as much as he chose to advertise for Republican candidates.  Exxon could contribute say $100 million to buy sufficient votes to turn the Everglades into a giant derrick.  

The last estimate of the combined ‘treasuries’ of all US corporations is 26 trillion dollars.

Thomas and Scalia are both on record as believing that all restriction on corporate spending vis a vis political campaigns represent unreasonable 1st Amendment restrictions.  Throw in Roberts and Alito and you have 4 / 5.

If there was ever a doubt about re-electing Obama in 2012 the horrifying prospect of an un beatable block of 5 such justices trumps almost any other concern for the long term well being of our society.

The Oral Argument is Wednesday at 10:30 and will be carried on CSPAN Radio and CSPAN 3 at around 11:30AM (the Supremes allow for audio recording, but not simulcast – it gives them the vapors)

Both briefs are available online.  

God I’m such a nerd.