And Part of the Reason is the Doctrine of Separation of Powers!

By , February 24, 2011 9:32 am

Two quotes from this piece of campaign literature posing as journalism should be enough.

First, the writer, mischaracterizes Citizens United:

The nonprofit group Common Cause has complained that the controversial Citizens United v. Federal Election Commission decision on campaign financing last year – on a narrow majority backed by Thomas and Scalia – opened the door to heightened corporate contributions from the Koch empire. (emphasis supplied)

No, Citizens United only opened the door to independent corporate expenditures on things like political ads and such.

Second, the writer betrays an unfamiliarity with the basic constitutional doctrine of separation powers when he writes,

The group’s appeal for legislation faces political as well as potential constitutional hurdles, partly because members of the Supreme Court are now the final authority on the appropriateness of their ethical behavior. Decisions to recuse, or step away from deliberations, by tradition have been left up to the individual justices at the center of any complaint, contrary to the practice on most state supreme courts. (emphasis supplied)

The Supreme Court has always been the final authority on the ethical behavior of its members–unless and until such behavior warrants impeachment. To have it otherwise, would be to allow Congress the power to meddle in the affairs of the Court for political purposes, something the law professors involved in this bit of political theater and preemptive action should admit they’re doing.

I’m just guessing here, but I’m willing to be that you can look high and low and still won’t find any of the names of these 700 busybodies on a letter of this sort decrying the actions of a liberal Justice.

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