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Reply #18


Response to pa28 (Reply #9)

Thu Aug 30, 2012, 06:04 PM

18. Forget the amendment and act directly on the Supreme Court.

Citizens United was a 5-4 decision, so all it takes is one good appointment and we're there. (In practice, it will probably take more than one, because the odds are that the next retirement or death will be one of the 4. Nevertheless, the point is that we're pretty close.)

You write:

Ideally President Obama would nominate two or three scholars to the bench and CU would be cut out like the cancer it is. Unfortunately, Citizens United is going to be the new Roe-Vs-Wade and any new justice will have to pass the litmus test of leaving CU alone if he/she hopes to have any chance of confirmation.


To approve a Supreme Court justice who'll vote to overrule Citizens United, we need 60 Senators to break the filibuster. What else do we need for each path?

(1) Supreme Court - We also need to have a President who'll make a good nomination. This might well turn into something of a litmus test on our side.

(2) Constitutional amendment - We don't need the President (who plays no formal role in the process), but we need an additional seven Senators to get to 2/3, plus 2/3 of the House, plus 3/4 of the states.

IMO, it's clearly wrong to write off the approach of getting the Supreme Court to change its mind, because of the practical difficulties, but then embrace the Constitutional amendment.

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Arrow 18 replies Author Time Post
CaliforniaPeggy Aug 2012 OP
JaneyVee Aug 2012 #1
CaliforniaPeggy Aug 2012 #5
WCGreen Aug 2012 #16
FreeJoe Aug 2012 #17
elleng Aug 2012 #2
CaliforniaPeggy Aug 2012 #6
yourout Aug 2012 #3
struggle4progress Aug 2012 #4
RKP5637 Aug 2012 #7
CaliforniaPeggy Aug 2012 #8
pa28 Aug 2012 #9
LineLineNew Reply Forget the amendment and act directly on the Supreme Court.
Jim Lane Aug 2012 #18
hfojvt Aug 2012 #10
CaliforniaPeggy Aug 2012 #11
Posteritatis Aug 2012 #12
CaliforniaPeggy Aug 2012 #13
cthulu2016 Aug 2012 #14
Cleita Aug 2012 #15
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