Guest blogged by Ernest A. Canning

"If we play Russian Roulette with the Supreme Court," Sen. Edward Kennedy (D-MA) said during the Clarence Thomas confirmation hearings, "if we confirm a nominee who has not demonstrated a commitment to core constitutional values, we jeopardize our rights as individuals and the future of our nation."

"We cannot undo such a mistake at the next election or even in the next generation," he warned. Too bad more of his Democratic colleagues failed to listen.

With four of the nine Supreme Court Justices now in their seventies, and the GOP Senate minority having bottled-up the Obama administration's nominations to the federal trial and intermediate appellate courts, the decision by the presumptive Republican nominee, Mitt Romney, to select Robert Bork (see video below), founder of the ultra-radical, right-wing billionaire-funded Federalist Society as his chief legal adviser has turned the 2012 Presidential election into a new, and far more serious game of "Russian Roulette" --- one that would give the same forces that were behind the Bush v. Gore judicial coup and the infamous Citizens United decision a super majority on the Supreme Court.

The harm to the rule of law that would accompany the expansion from four
Supreme Court radicals in robes to seven could not be remedied, as Kennedy warned, by "the next election or even in the next generation"...

Guest editorial by Ernest A. Canning

Citizens United rejected a congressional legislative ban on corporate campaign contributions. It says nothing about the ability to tax such contributions...

Guest blogged by Ernest A. Canning

This week, the Montana Supreme Court stood up to the U.S. Supreme Court's Citizens United decision, rejecting the much-criticized 2010 federal decision by declaring that, in their state at least, a century-old prohibition on corporate money in local politics will be allowed to stand.

By way of a 5-2 decision in Western Tradition Partnership, Inc. vs. Attorney General of Montana [PDF], the state's high court upheld the constitutionality of the long-standing Corrupt Practices Act of 1912, which prevents direct contributions by corporations to candidates or political committees. The law does not, however, prohibit voluntary individual contributions to separate segregated funds created by shareholders, employees or members of a corporation.

The state law also mandates disclosure of who pays for political communications, while the 2010 Citizens United ruling allows for unlimited secret money to flood into campaigns, for use either for or against any particular candidate.

The majority opinion in the Montana case, written by Chief Justice Mike McGrath, sought to distinguish their state law from Citizens United vs. Federal Election Commission [PDF] by pointing to factors in the state --- its dependence upon agriculture and extractive resource development, as well as its sparse population and history of low campaign expenditures --- which, he claimed, make the state "especially vulnerable to...corporate control to the detriment of democracy".

Even one of the dissenters in the MT decision, Justice James C. Nelson, while making clear that he believes the SCOTUS decision likely takes legal precedent over their own state law, offered a blistering critique to the very underpinnings of Citizens United --- a case we previously predicted "will live in infamy" --- by taking direct aim at the absurd concept of "corporate personhood" in his dissenting opinion...

Guest blogged by Ernest A. Canning

In light of GOP Presidential front-runner Newt Gingrich's recently revitalized attacks on the judiciary as, apparently, not yet extreme or activist enough for his tastes --- though he finds, like most of the other GOP candidates, Justices Roberts, Scalia, Thomas and Alito to be "pretty darn good" --- it's worth taking note of just some of the recent behavior, judicial temperament and fundamental principles of those far-Right extremist Supreme Court Justices he apparently does approve of.

To that end, the opening paragraph of a Nov. 14 Los Angeles Times article was disturbing but not surprising:

While basic canons of judicial ethics suggest that judges should avoid even the appearance of impropriety, it remains exceedingly doubtful that the gathering of signatures on a Credo Action Petition will prompt either of these two "radicals in robes" to recuse themselves...