Supreme Court

On September 21, 2009,
the Second Circuit made an important decision on a case known as
Connecticut vs American Electric Power.
Without going into too much detail, this was a case where several groups like the Audubon society were trying to stop coal plant emissions because it was harming the value of their land trusts. The lower court ruled as other courts have, that Climate Change was part of the political realm, not the courts.
However, the appellate court overturned this decision on the grounds that the Energy company were causing a public nuisance, and nuisance cases have been heard by courts for decades.

Evidence continues to accumulate that our democracy in this country is not only for sale, but comes at a reasonable price. Recent news has called into question the integrity of the highest court in the land, as we find out that years before the supreme court's Citizens United Decision that was supported by justices Thomas and Scalia, Citizens United spent $100,000 to support Thomas' nomination to the supreme court. You may recall the Citizens United decision as the one allowing unlimited anonymous corporate donations to political campaigns.

From the NY Times on the ruling this afternoon in Florida Federal Court:

"...The judge’s ruling came in the most prominent of more than 20 legal challenges to some aspect of the sweeping health law, which was enacted last year by a Democratic Congress and signed by President Obama in March.

"The plaintiffs include governors and attorneys general from 26 states, all but one Republican, as well as the National Federation of Independent Business, which represents small companies. Officials from six states joined the lawsuit this month after shifts in party control brought by last November’s elections."

"The ruling by Judge Vinson, a senior judge who was appointed by President Ronald Reagan, solidified the divide in the health litigation among judges named by Republicans and those named by Democrats..."

Here in the United States of America, less than one percent of the population controls ten percent of the wealth. This is a figure that many have no doubt heard before, but it takes on new meaning in the era of corporations' rights that we now live in. In this new era, money changing hands is no different than conveying thoughts and feelings through articulate sounds in the eyes of the supreme court, both are equally protected by the first amendment. This shift in the basic nature of reality is dangerous because, by its very nature, the decision affords more rights to the moneyed and well-connected and diminishes the rights of those who are not. Post Citizens United, less than one percent of the population controls ten percent of the free protected speech in this country, and the balance is further skewed by the inclusion of corporations and interest groups into the equation.

Justice John Paul Stevens just announced his intent to retire this summer.

Let the next fight begin.

Just received an email from the White House press office notifying us that President Barack Obama will make an announcement regarding his Supreme Court nominee at 10:15 a.m. Stay tuned.

Any guesses?

[This post was authored by a friend of DeathWatch.]

HIGH COURT RULES THAT EXECUTIONS MAY ONLY BE CARRIED OUT BY UNETHICAL, UNREGULATED DOCTORS

The North Carolina Supreme Court ruled last week that the Medical Board cannot discipline doctors who take part in executions because state law requires their participation. Where does this leave us?

If there ever was a election to vote for a yellow dog if it was a Democrat this is it.

Thanks for a Constitution which withholds absolute power from the political panics of the day--and for a Supreme Court majority which can still recognize exceptional injustice when it slaps them in the face.

Dear Friends:

First and foremost, a tip of the hat to NChands, who posted on this story earlier tonight on the DailyKos, and who has graciously allowed me to recount the report here at BlueNC.