On the recordJune 25, 2012
this is the week for the Supreme Court to release opinions from dozens of cases that it has been considering over the past term. In most of these important cases, the Court followed its usual practice of allowing the parties to file detailed legal briefs and to present oral arguments to make their side of the case before the Court reached its decision. In one case, however, it decided an issue vital to the ongoing function of our democracy, and it decided that case without even allowing the parties the opportunity to write legal briefs on the merits and to argue their case before the Court. In the Montana case, American Tradition Partnership v. Bullock, the Court's five-man conservative bloc doubled down on a historic error they made 2 years ago in Citizens United. Citizens United, I am confident, will mark one of the lowest points in the Supreme Court's history. The case will ultimately stand alongside Lochner v. New York and other such decisions in the Supreme Court gallery of horrible decisions. A telltale of these horrible court decisions is that they create rights of the powerful against the powerless, turning the very concept of ``rights'' inside out. Ordinarily, a right is something that stands against power. That is why it is carved out as a right; it is because it offends against the power structure, and yet we value it and we defend it.…





