Why Obama’s Super PAC Decision Is The Best Way To Fight Citizens United

[jsmirman]

16. They are really relevant

very depressingly relevant, at times.

Want to sue that corporation that has lied to you and the public-at-large and has now demolished your retirement savings? It's up to the Court to decide when, how, and if you can.

Want some sort of redress because the product you ingested turned out to contain poisons that seriously damaged your health? Better hope the Court hasn't foreclosed your causes of action.

Want to be part of a class action because the computer you paid dearly for is a complete lemon? Well, too late on that one. They've already fucked you out of that one by allowing "take it or leave it" binding arbitration clauses slipped into consumer contracts to keep you out of court. There's the MMWA, but good luck relying on that to get just compensation.

Want to challenge a regulatory agency for failing to do its job, say a regulatory agency chaired by a woman who made a living turning forests into paper and is now charged with protecting our national forests? The Court will decide if a citizen has a right to be heard in the courts (you pretty much don't).

The truth is that as many things as they've messed up already, they can mess up things a lot worse. And many of these bad decisions can be massaged in the other direction if the Court's numbers are ever turned. They pay lip service to stare decisis, but if you pretend really hard that this is a different case, are you really overruling anything...