Same Supreme Court That Couldn’t See Any Potential Problems with Citizen’s United Faceplants Again

Five members of the Supreme Court (Roberts, Thomas, Scalia, Alito and Kennedy) in 2010 looked at the democracy strangling dysfunction of the Swiss cheese-like, nearly unlimited, campaign finance scheme of the time and decided that the answer was even more freedom of speech for elderly billionaires – a veritable bacchanalian orgy of money. They could not imagine that declaring unlimited money the perfect amount of money and very little disclosure just enough could be deleterious to a republic that aspires to democracy. Alito famously mouthed “not true” when Obama called out the Fab Five’s decision during his State of the Union address. Alito, Scalia and Company are the anti-Cassandras. They couldn’t see the future even 3 seconds in front of them. Could not imagine what has always fucking happened when the wealthiest people in society are allowed to buy politicians like so many bottles of Johnny Walker Blue to get literally drunk with power on. Their reasoning was so egregiously shitty that they might as well have announced that Jesus so obviously loves the wealthy, who are we to not help them too?

The Roberts Five brought that same mighty intellect to the Voting Rights Act and once again they can… not… imagine that the elimination of some modicum of oversight over jurisdictions that have continuously tried to undermine the very idea of every adult citizen’s right to vote might not work out so well. I mean, just because the Justice Department has had to step in 74 times since 2000 to stop violations of the 15th amendment by invoking the VRA does not mean it would ever happen again! Florida, Texas and Alabama were just horsing around. Good old boys will be good old boys.

I’m no constitutional scholar like Antonin Scalia, but it seems to me that the 15th amendment is pretty clear that Congress has the power to enforce such amendment (Section 2. The Congress shall have power to enforce this article by appropriate legislation.) So what do you do if you’re on the Supreme Court and you hate the Voting Rights Act? You ignore Section 2 of the 15th amendment, which would deny you the right to deny Congress’s ability to pass and reauthorize the Voting Rights Act. You ignore the dozens of attempts to inhibit people’s ability to vote by the jurisdictions covered by the VRA and claim “it’s a different time, it’s not 1965” (which is true, it’s not 1965 any more, hasn’t been since 1965, but Shelby County, Alabama still acts as if Petula Clark and the Beatles are playing on the radio). And lastly you have to, once again, use the mighty power of blindness. Shutting your eyes and humming so you can’t see or hear unpleasantness is a prerequisite to high court excellence.    

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