The other news today besides the unexpected and Claude Rains-like shocking information about an Assemblyman having sex with lobbyists in Sacramento, comes from the halls of the United States Supreme Court, where a special second oral argument was held in the Citizens United vs. Federal Election Commission case that I have written about here before. Without going into too much detail on the legal mumbo jumbo, from the questions asked of the lawyers, it looks like there is a pretty firm 5-4 majority (at least to this observer) in favor of overturning the longstanding ban on corporate contributions in Federal political campaigns. For election lawyers, reading such a decision would be a little like being an Israelite observing Moses parting the Red Sea. But it is a question squarely before the count, and Justices Kennedy, Scalia and Thomas are absolutely on board with this notion, and by their questions, it appears that Justice Alito and Chief Justice Roberts are on the verge of deciding that the First Amendment belongs to everybody, including people who work for corporations (and likely unions to follow). Judge Sotomayor’s questions pegged her even to the left of the Justice she replaced, Souter, but that is not enough to break our free speech "Thundering Herd," on the Supreme Court that also broke up the McCain-Feingold campaign finance reform law pretty good not too long ago. That was a mild stroke for freedom. Overturning the so-called Austin case on the ban on corporate contributions would be the atom bomb.
When the Supreme Court actually decides the case, I’ll put on my green eye shades and be sure to do a nice analysis right here in down-home terms.