Category: The Rehnquist Court

Split Decision?

As noted yesterday, the Court heard arguments this morning on the Bipartisan Campaign Reform Act (McCain-Feingold). And, in spite of reformers’ earlier hopes, it seems Chief Justice Rehnquist was predisposed against the law, meaning that the fateful decision is probably in the hands of Justice O’Connor, as per usual. Politically speaking, I’d think this Court would have to uphold reform after thrusting themselves so deeply into the Bush v. Gore fiasco, but I guess we’ll see. (Speaking of which, on a side note, conservative zealot Ted Olsen apparently referred to his friend and fellow Richard Mellon Scaife patron Ken Starr as “Justice Starr” during the proceedings, telling him he’ll “have to wait” for his spot on the bench. Sorry, Ken, not in a million years.)

Judgment Day.

Tomorrow, McCain-Feingold finally gets its day in court. For the plaintiffs (aiming to kill the legislation for Big Money), our old friend Ken Starr. For the government (nominally committed to the bill), Ted Olsen. For the reforms, former Clinton Solicitor General Seth Waxman. All in all, it should be a doozy..if I had my druthers, of course, the Court will not only uphold McCain-Feingold but revisit the “money = protected speech” formulation drawn in Buckley v. Valeo. In terms of constitutional principle, it’s one person, one vote…dollars shouldn’t enter the equation.

Here Comes the Judge.

As McCain-Feingold nears its day in court, advocates and opponents of reform look to Chief Justice Rehnquist as a major swing vote (along with Justice O’Connor). Hmmm…I have to say I don’t have much faith in Rehnquist’s jurisprudence at this point, but perhaps he’ll surprise me.

American Mullah.

“We ask for miracles in regard to the Supreme Court…One justice is 83-years-old, another has cancer and another has a heart condition. Would it not be possible for God to put it in the minds of these three judges that the time has come to retire?” Pat Robertson calls on God to put a hit out on three Supreme Court justices following Lawrence v. Texas. Well, while we’re praying for people’s “removal”…

The Shape of Things to Come?

The Supreme Court votes 7-2 (Scalia and Thomas dissenting, of course) to reject non-profit exemptions from campaign finance laws. While critics of reform are arguing otherwise, I’d think this bodes very well for McCain-Feingold, which will be taken up in the fall.

Freedom of the…oh, never mind.

Supreme Court Justice Antonin Scalia accepts a free speech award…while muzzling the press. War or no, the blatant examples of conservative doublethink lately are getting outrageous. In loosely related news, the FBI track down a long-lost copy of the Bill of Rights. Think they could let Ashcroft take a gander before they return it to NC? The Attorney General seems to have gotten caught up somewhere around the Second Amendment.

Trial Balloons.

After the humbling defeat of Election Tuesday, Dem presidential hopefuls start taking tentative steps down a more combative course. First Daschle rightfully questioned the terrorism initiative in the wake of the recent Bin Laden tape, and now Gore is outwardly questioning the Supreme Court for its 2000 election decision. Speaking of which, anyone hoping beyond hope for a “new” Candidate Gore in 2004 should just take note of how loudly the gears are grinding here. The Gores have two books coming out – Joined at the Heart (as a friend of mine noted, a truly awful name that conjures up visions of Chang and Eng) and The Spirit of Family – aimed at resurrecting whatever national goodwill Al managed to muster by “The Kiss” at the Democratic Convention. As usual, Gore‘s making his points ham-fistedly.

Hey, buddy, who asked you?

Dahlia Lithwick surveys Ken Starr‘s recent paean to the Rehnquist Court. “Starr’s ideology seeps into the book in other ways — ways that make him sound like he’s sometimes channeling Ann Coulter. He calls Justices Breyer and Ginsburg ‘Clinton appointees’ three times in three pages, as if by invoking their champion he might tar them as philandering perverts as well. So anxious is Starr about ‘liberals,’ the ‘cultural elites,’ and the ‘New York Times editorial pages,’ that the words are frequently thrown out, Coulter-fashion, to stand as self-explicating negatives.” Ok, thanks Ken…now please crawl back into your hole.