inexcusable errors in the EDICT by five Supreme Court wolves to rip
apart limits on corporate influence on the people's elections.
But first, a major poll released just yesterday by the Washington
Post reports 80 percent of all Americans, crossing all party lines,
are opposed to this indefensible ruling (65% STRONGLY opposed). Now
it is our job to mobilize all those people to take real action to
reverse it as a practical reality. In the first instance there must
be congressional legislation (already in process) to mitigate the
damage to our Constitution in the short term, while we are working on
the optimum repudiating constitutional amendment as the direct long
Here's a short list of things YOU can do right now to help build the
visibility of this movement:
1) In response to your many requests we have set up a special page
where you can order bulk quantities (packs of 25, 50 and 100) of the
incredibly hot Supreme Court protest bumpers stickers for your
political group, your special event, for swap meets, etc. Based on
your input and feedback we have set the price as low as we can in
quantity, and still to keep the initiative going.
Bulk Bumper Stickers:
2) If you just want one of the "Corporations Are NOT The People" or
"Impeach The Supreme Court 5" bumper stickers for YOURSELF, remember
we will continue to give them away entirely for free to anyone who
wants one. Now that we have the second printing in house, all
requests in so far will ship tomorrow by first class mail, so please
get your request in ASAP if you have not already. No donation
required, but appreciated, which is what makes it possible for us to
send stickers to anyone who cannot make a donation right now.
Free Individual Bumper Stickers:
3) Help us give the bumper stickers away by putting a button on your
site linking to the page above. Get the code from the section at the
very top of any of the bumper sticker pages or the action pages on
these issues. We KNOW thousands of you have blogs and web pages of
your own of various kinds. It is so easy, just copy the short code
block and paste it into your page code, and you will automatically
get a courtesy link back on all our own pages. We need EVERYBODY to
post these buttons. C'mon folks, let's get serious.
4) And most importantly, spread the word about the action pages so we
can generate as many messages to Congress as possible. Email all your
friends with the links. If you are on Facebook or Twitter use the
special resource links below for them, and all aspects of the social
media, to spread the word. With 80% of the entire country on the side
of truth and justice we SHOULD be able to generate 100 million action
page submissions on this. C'mon folks, let's get serious. Here are
all the links.
Corporations Are NOT The People Action Page:
Impeach The Supreme Court 5 Action Page:
The above are the regular action pages, for Facebook use these links:
[Facebook] Corporations Are NOT The People:
[Facebook] Impeach The Supreme Court 5:
And this is the Twitter reply for the Corporations Are NOT The People
And this is the Twitter reply for the Impeach The Supreme Court 5
5) And while we are talking about sending emails to friends, be sure
to add links for any of the above to your own email "signature", to
put them at the bottom of each of your own outgoing emails. If you
are not sure how to do it, check out the help function of your email
program, or email us and we'll provide tech help.
OK then, now here we go with the fifth installment of our analysis of
the worst errors in the unleash the corporations ruling from The
Supreme Court 5. And we don't mind telling you we still have quite a
slog to go yet, so if you are getting the impression that some law
school could build an entire semester's lecture course around
EVERYTHING that is wrong with this case, as an text book example of
bad legal work, it is because they could.
We have already covered what an abortion on the facts the decision
was in so many ways. Based on this foundation of factual smoke,
Kennedy, writing for the Supreme Court 5 (including also Roberts,
Alito, Scalia and Thomas), then proceeds to build his castle of the
preposterous by committing every sin of legal case precedent citation
To help you understand what is really going on here, first we must
explain the concept of "weight". Simply put, when reviewing the
language of previous case precedents, which are presumed to be
binding on all court decisions to follow at the same court level or
lower, all words in a decision are not equal.
The greatest weight, indeed the only thing that is SUPPOSED to be
followed is the essential heart of the decision itself, the key
language that explains the logical basis for what the court actually
ordered, the WHY of what they in fact did. This is known as the
essential "holding". This is what is meant by a "controlling"
opinion, the whole basis of stare decisis.
Elsewhere in an opinion a court may comment on other matters, perhaps
to suggest they might have been open to arguments that could have
been made but were not, perhaps to indicate they were expressly NOT
ruling on a particular alternate basis, footnotes of tangential
interest, or whatever. Since the actual decision did not turn on any
of these things, this is what is generally known as "dicta", the
judicial equivalent of shooting their mouths off. "Dicta" is not
binding on any later court decision, so while it may be referred to
in a later decision as context for the state of mind of members of a
previous court in a prior case, it has much less weight than the
Finally, there may be separate opinions by individual or smaller
groups of justices either concurring (agreeing with the majority on
some part of the holding but amplifying with additional reasons NOT
endorsed by the majority) or dissenting (disagreeing with the
reasoning of the majority holding).
Of all these things, whatever is found in a dissenting opinion
carries the LEAST weight of all as far a later court should be
concerned. This would be the opinion of the side that LOST, the
minority, the side that would not join the majority that carried the
decision, the judicial equivalent of griping.
And yet, this entire decision, which every person capable of critical
thinking is so upset about, is riddled with references to, and
fundamentally based on, dissents and other divergent minority
opinions mostly by Gang of 5 themselves. (opinion pp. 11, 15, 16, 22,
26, 27, 28, 29, 31, 33, 35, 36, 37, 38, 40, 44, 46, 47, 49). Often
these dissents are deceptively not even identified as "dissent",
listed only labeled as "opinion" in Kennedy's new logical hatchet
job. Moreover, many were the dissents in the very cases that this new
decision now so rudely presumes to overturn.
And Kennedy has the utter unabashed gall to conclude his compilation
of basically his own dissents and those of his cronies to state, "For
the reasons stated above, it must be concluded that Austin was not
well reasoned". (opinion p. 47) But all he's REALLY saying is that
they were right all along, as they turn the whole concept of judicial
precedent completely on its head.
Well, in a sense they WERE "right" all along ... far, far, extreme,
off the deep end right. And the obvious danger now is that having
finally executed their long plotted judicial palace coup (three of
them dissented in 2007 in the WRTL case that they should have done it
then, but perhaps Roberts and Alito, still new on the bench, feared
the political uproar that has in fact resulted now), now suddenly you
can be sure that this decision will be elevated by them to the most
sacred stare decisis precedent that ever was.
If a first year law student turned in a piece of work like this,
cobbled together as it is from dissents, and dicta from stray
footnotes (for example opinion p. 25), from other cases, they would
earn nothing but a dismissive scowl from their professor.
Unfortunately these five incorrigible men are now Supreme Court
justices, until the people act to remove them.
Oh, but it gets so much worse, for even where Kennedy does cite from
controlling opinions he dishonestly twists and misconstrues their
actual holdings. For that, he would have been, and should be
expelled. But for that analysis, we will have to keep you in suspense
a little while until the 6th scary episode in this series coming soon
to an email inbox near you.
Please take action NOW, so we can win all victories that are supposed
to be ours, and forward this alert as widely as possible.
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