David Sirota: Why We Should Worry About the Hostile Takeover of America's

[unhappycamper]

Why We Should Worry About the Hostile Takeover of America's Court System
by David Sirota
5.31.2006

It's easy to forget what Supreme Court nomination fights really mean once they are over. They come along every few years, there's a whole media circus around them that focuses only on hot-button social issues, and then, typically after Democrats roll over and die, there's little - if any - recollection of what it all meant, except in the few cases where the hot-button social issues actually come before the court, and they don't usually come up for years, so by that point, everyone has long forgotten which President or political party was responsible for the nominations that swung the court.

What gets buried in this cycle, of course, is the fact that the Supreme Court exerts itself most forcefully on the key financial and corporate power issues - the issues that engineer who are winners and who are losers in America's economy. As I pointed out during the last year's debate over whether to confirm corporate lawyer John Roberts as chief justice, corporate issues are now a major focus of the court. "The Supreme Court's rulings on abortion and religion capture the headlines, but much of the business before the high court deals with the conduct of business," noted Knight Ridder at the time. "In the court's term that ended this week, for instance, about 30 percent of the rulings involved business issues."

That's why Big Business took such an interest in Supreme Court nominations, directly coordinating with the White House to vet potential nominees. That's why Corporate America salivated when Bush nominated Roberts - Big Money's "go-to lawyer," according to his associates. That's why wealthy executives cheered when Bush later nominated Sam Alito, the guy Businessweek noted "consistently has come down on the side of limiting corporate liability, limiting employee rights, and limiting federal regulation." And sadly, that's why the confirmation hearings carefully avoided serious discussion about the economic issues. It's all because Big Business and their bought-off politicians understand the advantage they get by infiltrating the inside of the court with their vermin. They understand, in short, the private profit potential of performing a hostile takeover of America's court system.

The result is that the Court is becoming even more complicit in helping Big Money interests transform the legal system into the sharp, poisoned-tipped arrowhead of Big Business's profit spear - rather than a shield protecting America's citizens. This has come into especially stark relief over the last few weeks.

more at HuffPo

[Demeter]

1. We WILL Take Back the Courts, Too

WHen the House and Senate cleaning starts, and the Executive branch is all under indictment, then we will impeach all the Bush appointees and the cabal of 5 who facilitated this coup. RICO them all, and use the assets as restitution to individuals injured by BushCo and the nation, thrown into widening deficits.

[no_hypocrisy]

3. I've considered whether the dems reserved their filibuster option during

the Supreme Court justice vote to achieve the longer term goal of getting more democrats elected to both houses of Congress. By not being contentious (I know, I know, I wanted SOMEONE to scream bloody murder against Roberts and/or Alito), it removed one issue from Karl Rove to use against the party for the general election this November. On the other hand, it wouldn't surprise me to see the DLC and the DNC squander this strategy and we lose both houses anyway.

In a perfect world, we would have had everything: a successful filibuster, moderates (at worst) on the Supreme Court, and both houses of Congress in November. I dare not to hope anymore.

[Demeter]

4. It Is Unfortunate That We Will Never Know

what COULD have been done for the US if Democratic leaders had actually done their job all along, starting with Iran/Contra and the Contract on America. This is a problem of very long standing--even Watergate was watered down in the interests of "national healing and bipartisanship". Criminality must be pursued to the fullest extent of the law; nothing else will keep evil in check. And the laws must be Constitutional, fair, and serve the public interest, not private ones.

There is a bare handful of true Americans in the Democratic Party who are holding office right now--but I hope that in November, the number will increase tenfold.

[KoKo]

5. Well, they let the "cow out of the barn" and it's not coming back ...last

seen heading over the hill. We will live with Alito and Roberts and Bush will get one more judge because Stephens will probably be the next to retire. The Dems will have given it away and then say "there was nothing we could do because we didn't have any power."

[geiger]

2. Nice to let us know in hindsight

Why doesnt Sirotta and his know-it-all establishment buddies set up some apparatus, starting with think tanks, and empowering some real grassroots mobilization. Noone on the left gets talking points, until weeks after the event(s), while every right wing talk show host is ready to pounce days before an event becomes "news."

Instead, some of his politician friends now think it's sport to swiftboat people in their own Party when they're uncomfortable with their style or race (yes, take Ohio, for example, and I'm not just talking about Paul Hackett). Right wing, be damned, we're too busy marginalizing our own.

I dont disagree with his analysis; just what the fuck are we going to do about it when we have a Party more concerned about writing tepid press releases and coming up with phony bullshit "solution" phrases--energy independence (what the fuck is that?)--and worried about being the next to have their offices raided on Capitol Hill, esp. if one is a "whistle blower." Nothing to fear but fear itself, where did that piece of wisdom go. In the Ohio Senate, we allow ourselves to be gavelled to silence after feebly attempt to "debate" a piece of commemorative Emancipation Proclamation legislation.

I am sick to death of hearing "how it is." What are we going to do about it?