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Does anybody think HRC would overturn citizens United (Original Post) Skink Apr 2016 OP
Idk man forjusticethunders Apr 2016 #1
Neither Hillary or Bernie can CanonRay Apr 2016 #2
Bernie has said that one prerequisite for his Supreme Court nominees Art_from_Ark Apr 2016 #5
So has Hillary. nt Dr Hobbitstein Apr 2016 #13
That's not a promise he can keep. athena Apr 2016 #28
That is correct, however, while a potential SC nominee won't be asked by a president still_one Apr 2016 #31
That is correct, but that is not what Bernie said. athena Apr 2016 #34
And yet, we're supposed to vote for Hillary Art_from_Ark Apr 2016 #40
Yeah Demsrule86 Apr 2016 #41
I trust Bernie FAR MORE than I trust Clinton to pick good Supreme Court justices Art_from_Ark Apr 2016 #44
The question is not whether you trust Bernie more than Clinton. athena Apr 2016 #47
Wrong. Wrong. Wrong. 99Forever Apr 2016 #49
And Bernie Sanders is God's preferred candidate. athena Apr 2016 #50
No, you truly don't "get" anything. 99Forever Apr 2016 #53
I'm the one who doesn't get anything athena Apr 2016 #54
Welcome to Ignore with the rest of your ilk. 99Forever Apr 2016 #56
Sounds like a great place to be! athena Apr 2016 #57
Hillary turn off the money tap? hobbit709 Apr 2016 #3
I do Protalker Apr 2016 #4
Well, here's her position on that: MineralMan Apr 2016 #6
How many times has she changed her positions-on many issues. floriduck Apr 2016 #14
You know, that page has been pretty much the same MineralMan Apr 2016 #15
Yes but it doesn't address my concerns. floriduck Apr 2016 #17
I'm sorry about that. MineralMan Apr 2016 #18
No need to apologize. Hillary has proven her priorities to us already. floriduck Apr 2016 #20
You really need a constitutional amendment to do that. Nye Bevan Apr 2016 #7
That's not true Goblinmonger Apr 2016 #25
I didn't realize it was within the President's power to do so. NurseJackie Apr 2016 #8
She can write whatever she wants on her website; VulgarPoet Apr 2016 #9
Money to politicians is like crack to an addict Lone_Wolf Apr 2016 #10
If she is not elected lots will change. Demsrule86 Apr 2016 #42
Even if she is elected in the GE, we'll still probably have a GOP House and Senate Art_from_Ark Apr 2016 #45
Ummmm.. YES boston bean Apr 2016 #11
This simply shows you don't know what CU is. NCTraveler Apr 2016 #12
Civics 101: Fail. nt Codeine Apr 2016 #16
Hahaha... fuck no whatchamacallit Apr 2016 #19
How does the president overturn the Supreme Court? NT arely staircase Apr 2016 #21
No. Yes, I know, she cannot actually do that herself, but I believe she would appoint SCOTUS djean111 Apr 2016 #22
Presidents can't overturn Supreme Court decisions. athena Apr 2016 #23
Did you miss the part where he talked about CU being the litmus test for his SCOTUS appointment Goblinmonger Apr 2016 #26
That's not how SCOTUS works. athena Apr 2016 #29
Yeah. Because that's how he would nominate them Goblinmonger Apr 2016 #30
Bernie went much further than that. athena Apr 2016 #36
You can't really do that. Demsrule86 Apr 2016 #43
Yes. If you look at the history of the case, you'd realize that's a really stupid question. JTFrog Apr 2016 #24
ha ha ha oldandhappy Apr 2016 #27
The only way to destroy Citizens United is for a Democrat to be POTUS Gothmog Apr 2016 #32
Clinton platorm of campaign finance reform and Citizens United Gothmog Apr 2016 #33
All of her bullshit doesn't change the damning fact that she takes dark money herself, now. CentralCoaster Apr 2016 #51
How would she overturn a USSC decision? Blue_Tires Apr 2016 #35
Nominate Obama Skink Apr 2016 #37
IF she did, the first feelers on the subject wouldn't be put out until after she won RE-election. cherokeeprogressive Apr 2016 #38
From her website: MineralMan Apr 2016 #39
Nope. nt Live and Learn Apr 2016 #46
Yep. Perhaps you should research it a bit? n/t Lucinda Apr 2016 #48
yes MFM008 Apr 2016 #52
No chance. She will pretend to try then cry "But Republicans!". nt GoneFishin Apr 2016 #55

CanonRay

(14,119 posts)
2. Neither Hillary or Bernie can
Mon Apr 18, 2016, 10:45 AM
Apr 2016

and Congress won't. All we can do is win the White House and change SCOTUS.

Art_from_Ark

(27,247 posts)
5. Bernie has said that one prerequisite for his Supreme Court nominees
Mon Apr 18, 2016, 10:47 AM
Apr 2016

would be to oppose Citizens United.

athena

(4,187 posts)
28. That's not a promise he can keep.
Mon Apr 18, 2016, 11:23 AM
Apr 2016

You can't have prerequisites for Supreme Court nominees. The whole point of the Supreme Court is that its members are supposed to be completely independent.

Here are more details, if you're really interested in the facts:
http://www.latimes.com/opinion/opinion-la/la-ol-bernie-sanders-supreme-court-citizens-united-20160415-story.html

A Supreme Court nominee who promised to vote a certain way would almost certainly be unconfirmable and probably would be rated unqualified by the American Bar Assn. In the unlikely event that such a nominee were confirmed, he or she would (rightly) be pressed not to participate in any case that might put Citizens United in jeopardy.

still_one

(92,422 posts)
31. That is correct, however, while a potential SC nominee won't be asked by a president
Mon Apr 18, 2016, 11:32 AM
Apr 2016

how they would rule on hypothetical cases, there is no doubt the President would look at any prospective SC nominee's past rulings and paper trail, and based on that make a choice that would align with a President's philosophy

athena

(4,187 posts)
34. That is correct, but that is not what Bernie said.
Mon Apr 18, 2016, 11:55 AM
Apr 2016

He said,

“I think that we need a Supreme Court justice who will make it crystal clear, and this nominee has not yet done that, crystal clear that he or she will vote to overturn Citizens United and make sure that American democracy is not undermined.”

Here is what the article I posted has to say about that:

A prospective Supreme Court nominee might be willing to say whether he or she believed the same about Citizens United (a much more recent decision than Roe vs. Wade and arguably less “settled” as a precedent). But a public promise to overturn it? No lawyer in his or her right mind would make such a commitment to a president or to the Senate.

Demsrule86

(68,696 posts)
41. Yeah
Mon Apr 18, 2016, 07:50 PM
Apr 2016

Because she would not pick a Scalia...Ginsberg was Clinton pick....and we all know what sort of picks the GOP would have...if you love your daughters or wives or Grand-daughters...vote for Clinton when she is the nominee and she will be. I am hoping Bernie will give up tilting at windmills after New York...so we can more on to the general.

athena

(4,187 posts)
47. The question is not whether you trust Bernie more than Clinton.
Mon Apr 18, 2016, 08:16 PM
Apr 2016

It's whether you trust Trump or Cruz more than Clinton.

99Forever

(14,524 posts)
49. Wrong. Wrong. Wrong.
Mon Apr 18, 2016, 08:21 PM
Apr 2016

That's the NUMBER 1 Question when it comes to ANY issue.

Hillary can't be trusted on any issue.

Senator Sanders can be trusted on every issue.

Period.

athena

(4,187 posts)
50. And Bernie Sanders is God's preferred candidate.
Mon Apr 18, 2016, 08:28 PM
Apr 2016

See:

http://www.democraticunderground.com/12511689128

We get it. Bernie is perfect. Up is down. War is peace. And facts don't matter.

99Forever

(14,524 posts)
53. No, you truly don't "get" anything.
Mon Apr 18, 2016, 08:34 PM
Apr 2016

That couldn't be anymore fucking obvious. The lying liars from Camp Weathervane wouldn't know a fact if it bit them on the ass.

athena

(4,187 posts)
54. I'm the one who doesn't get anything
Mon Apr 18, 2016, 08:43 PM
Apr 2016

when you're the one who thinks Bernie can overturn Citizens United?

Personal attacks, by the way, don't belong on DU. All you do by insulting half of the members here is show that you don't, in fact, have any substantive comments to make.

athena

(4,187 posts)
57. Sounds like a great place to be!
Mon Apr 18, 2016, 08:46 PM
Apr 2016

I prefer members who are here to discuss issues, not insult others.

Protalker

(418 posts)
4. I do
Mon Apr 18, 2016, 10:46 AM
Apr 2016

To do this means judges that get through the Senate. Until then do you think principle will defeat Republicans using it?

 

floriduck

(2,262 posts)
14. How many times has she changed her positions-on many issues.
Mon Apr 18, 2016, 11:04 AM
Apr 2016

And how does someone who created a Victory Fund via state parties and the DNC to use the McCutcheon loophole to run a campaign and tie up super delegates all of a sudden fight against the very thing that may get her the nomination? I have zero confidence in that happening.

 

floriduck

(2,262 posts)
17. Yes but it doesn't address my concerns.
Mon Apr 18, 2016, 11:09 AM
Apr 2016

Why would she say she supports money in politics when the vast majority of the public disagrees? She might be corrupt but she's not stupid.

Nye Bevan

(25,406 posts)
7. You really need a constitutional amendment to do that.
Mon Apr 18, 2016, 10:48 AM
Apr 2016

Even if a new SCOTUS justice might have voted differently in the actual case, it's not like you can just send the same case back and ask for a do-over. Justices tend to respect precedent especially when being asked to reduce constitutional protection of speech.

Asking about a president "overturning" Citizens United is somewhat akin to asking whether a president would "overturn" Roe v Wade.

 

Goblinmonger

(22,340 posts)
25. That's not true
Mon Apr 18, 2016, 11:21 AM
Apr 2016

So the SCOTUS has never changed the interpretation of the law on something? You just need to get a case that addresses something different and have a court that wants to hear it.

But, yes, the president doesn't overturn it. But in this instance putting a justice on that will vote to take the case could make all the difference.

VulgarPoet

(2,872 posts)
9. She can write whatever she wants on her website;
Mon Apr 18, 2016, 10:51 AM
Apr 2016

but I hold the right to believe even the carbon dioxide she exhales comes out crooked and is therefore not worth engaging a temporary suspension of disbelief to accept it.

Demsrule86

(68,696 posts)
42. If she is not elected lots will change.
Mon Apr 18, 2016, 07:53 PM
Apr 2016

Because that will mean a GOP president with a GOP Senate and a GOP House...look out. Oh and five justices to pick probably.

Art_from_Ark

(27,247 posts)
45. Even if she is elected in the GE, we'll still probably have a GOP House and Senate
Mon Apr 18, 2016, 07:56 PM
Apr 2016

Hell, we LOST 9 House seats when her husband was elected in '92. And there was no net gain in the Senate.

 

NCTraveler

(30,481 posts)
12. This simply shows you don't know what CU is.
Mon Apr 18, 2016, 10:56 AM
Apr 2016

Then again, that has been clear from a lot of posters on this board. Simply no clue as to what is being railed against. It's a consistent theme.

I do hope she will help lead the charge.

 

djean111

(14,255 posts)
22. No. Yes, I know, she cannot actually do that herself, but I believe she would appoint SCOTUS
Mon Apr 18, 2016, 11:18 AM
Apr 2016

judges who would be corporate, and they would not overthrow it.

athena

(4,187 posts)
23. Presidents can't overturn Supreme Court decisions.
Mon Apr 18, 2016, 11:20 AM
Apr 2016

I couldn't believe it when Bernie claimed in a debate that he would overturn Citizens United. Talk about making promises you cant keep!

 

Goblinmonger

(22,340 posts)
26. Did you miss the part where he talked about CU being the litmus test for his SCOTUS appointment
Mon Apr 18, 2016, 11:23 AM
Apr 2016

and how he would ask Obama to rescind the current appointment so he could put someone on that would do this (read: the current one won't)?

athena

(4,187 posts)
29. That's not how SCOTUS works.
Mon Apr 18, 2016, 11:24 AM
Apr 2016

Do some research:
http://www.latimes.com/opinion/opinion-la/la-ol-bernie-sanders-supreme-court-citizens-united-20160415-story.html

A Supreme Court nominee who promised to vote a certain way would almost certainly be unconfirmable and probably would be rated unqualified by the American Bar Assn. In the unlikely event that such a nominee were confirmed, he or she would (rightly) be pressed not to participate in any case that might put Citizens United in jeopardy.
 

Goblinmonger

(22,340 posts)
30. Yeah. Because that's how he would nominate them
Mon Apr 18, 2016, 11:27 AM
Apr 2016

and he would have them promise to vote a certain way. Because he's an idiot.

So when Clinton said that her litmus test would be abortion rights, you thought what?

athena

(4,187 posts)
36. Bernie went much further than that.
Mon Apr 18, 2016, 11:57 AM
Apr 2016

He said:

“I think that we need a Supreme Court justice who will make it crystal clear, and this nominee has not yet done that, crystal clear that he or she will vote to overturn Citizens United and make sure that American democracy is not undermined.”

and he promised to his supporters that he would overturn Citizens United. A nominee can talk about the kinds of people s/he would nominate to the Supreme Court, but talking about overturning specific decisions gets too close to not respecting the separation of powers and the independence of the Supreme Court.

 

JTFrog

(14,274 posts)
24. Yes. If you look at the history of the case, you'd realize that's a really stupid question.
Mon Apr 18, 2016, 11:20 AM
Apr 2016

I get so sick and tired of people here saying that she wouldn't. And yet they will also run around and talk about some fucking list and how vindictive the Clintons are... but folks can't actually imagine her putting an end to Citizen's United which sole purpose was to attack Hillary.

Some really fucking twisted logic all up in this issue.

oldandhappy

(6,719 posts)
27. ha ha ha
Mon Apr 18, 2016, 11:23 AM
Apr 2016


The corporatist will continue raking in the money. But it will all be for down ticket, don't ya know??!!

Gothmog

(145,626 posts)
32. The only way to destroy Citizens United is for a Democrat to be POTUS
Mon Apr 18, 2016, 11:35 AM
Apr 2016

President Obama was against Citizens United but had to use a super pac in 2012 to keep the contest close. Hillary Clinton is against Citizens United and has committed to only appoint SCOTUS justices who will vote to overturn this decision https://www.washingtonpost.com/news/post-politics/wp/2015/05/14/hillary-clintons-litmus-test-for-supreme-court-nominees-a-pledge-to-overturn-citizens-united/

Hillary Clinton told a group of her top fundraisers Thursday that if she is elected president, her nominees to the Supreme Court will have to share her belief that the court's 2010 Citizens United decision must be overturned, according to people who heard her remarks.

Clinton's emphatic opposition to the ruling, which allowed corporations and unions to spend unlimited sums on independent political activity, garnered the strongest applause of the afternoon from the more than 200 party financiers gathered in Brooklyn for a closed-door briefing from the Democratic candidate and her senior aides, according to some of those present.

"She got major applause when she said would not name anybody to the Supreme Court unless she has assurances that they would overturn" the decision, said one attendee, who, like others, requested anonymity to describe the private session.

If the make-up of the court does not change by 2017, four of the justices will be 78 years of age or older by the time the next president is inaugurated.

This is the only practical way to undo the damage done by Citizen United in that it will be impossible to get a constitutional amendment through congress and the states to undo this decision. That means that if you want to get rid of Citizens United, then one must support a candidate who can win in 2016 and support the most viable general election candidate. Sanders is a very weak general election candidate and I do not want to trust the fate of the SCOTUS to such a weak candidate

Gothmog

(145,626 posts)
33. Clinton platorm of campaign finance reform and Citizens United
Mon Apr 18, 2016, 11:47 AM
Apr 2016

Here is the Clinton platform on Citizens United and Campaign finance reform https://www.hillaryclinton.com/issues/campaign-finance-reform/



Hillary is calling for aggressive campaign finance reform to end the stranglehold that wealthy interests have over our political system and restore a government of, by, and for the people—not just the wealthy and well-connected. Her proposals will curb the outsized influence of big money in American politics, shine a light on secret spending, and institute real reforms to raise the voices of regular voters.

Hillary will:
Overturn Citizens United. Hillary will appoint Supreme Court justices who value the right to vote over the right of billionaires to buy elections. She’ll push for a constitutional amendment to overturn Citizens United in order to restore the role of everyday voters in elections.

End secret, unaccountable money in politics. Hillary will push for legislation to require outside groups to publicly disclose significant political spending. And until Congress acts, she'll sign an executive order requiring federal government contractors to do the same. Hillary will also promote an SEC rule requiring publicly traded companies to disclose political spending to shareholders.

Amplify the voices of everyday Americans. Hillary will establish a small-donor matching system for presidential and congressional elections to incentivize small donors to participate in elections, and encourage candidates to spend more time engaging a representative cross-section of voters.
 

CentralCoaster

(1,163 posts)
51. All of her bullshit doesn't change the damning fact that she takes dark money herself, now.
Mon Apr 18, 2016, 08:29 PM
Apr 2016

She has no credibility, all the video clips and statements in the world doesn't speak any louder than her own despicable actions.

 

cherokeeprogressive

(24,853 posts)
38. IF she did, the first feelers on the subject wouldn't be put out until after she won RE-election.
Mon Apr 18, 2016, 12:13 PM
Apr 2016

When she doesn't need any more contributions.

MineralMan

(146,333 posts)
39. From her website:
Mon Apr 18, 2016, 12:35 PM
Apr 2016
Hillary will:

Overturn Citizens United. Hillary will appoint Supreme Court justices who value the right to vote over the right of billionaires to buy elections. She’ll push for a constitutional amendment to overturn Citizens United in order to restore the role of everyday voters in elections.


https://www.hillaryclinton.com/issues/campaign-finance-reform/

Citizens United is still in force, so she is using the tools available to her for this election. For the future, read above. There's more at the link above, too.
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