WSJ - "Sotomayor Issues Challenge to a Century of Corporate Law" - We Need More Like Her!!!

[TomCADem]

Here is a WSJ article that is critical of Justice Sotomayor suggesting that the Supreme Court reconsider its deference toward corporate personhood. While the WSJ reacts in alarm, I just wish we had one more justice of similar temperment to replace one of the conservative justices.

http://online.wsj.com/article/SB125314088285517643.html

WASHINGTON -- In her maiden Supreme Court appearance last week, Justice Sonia Sotomayor made a provocative comment that probed the foundations of corporate law.

During arguments in a campaign-finance case, the court's majority conservatives seemed persuaded that corporations have broad First Amendment rights and that recent precedents upholding limits on corporate political spending should be overruled.

But Justice Sotomayor suggested the majority might have it all wrong -- and that instead the court should reconsider the 19th century rulings that first afforded corporations the same rights flesh-and-blood people have.

Judges "created corporations as persons, gave birth to corporations as persons," she said. "There could be an argument made that that was the court's error to start with... a creature of state law with human characteristics."

After a confirmation process that revealed little of her legal philosophy, the remark offered an early hint of the direction Justice Sotomayor might want to take the court.

"Progressives who think that corporations already have an unduly large influence on policy in the United States have to feel reassured that this was one of first questions," said Douglas Kendall, president of the liberal Constitutional Accountability Center.

"I don't want to draw too much from one comment," says Todd Gaziano, director of the Center for Legal and Judicial Studies at the conservative Heritage Foundation. But it "doesn't give me a lot of confidence that she respects the corporate form and the type of rights that it should be afforded."

[w4rma]

1. She is one of the biggest reasons why I'm not giving up on Obama. (nt)

[EFerrari]

2. Obama did very well in that choice. Tell 'em, Sonia!

[bleever]

8. If corporations have personhood, and cause someone's death, shouldn't the death penalty apply?

Think of the possibilities.

[EFerrari]

9. Gavin de Becker, who is a security expert and also an expert on stalking

says to turn your assailant's weapon or advantage back on them. :)

[gratuitous]

14. And why do corporations pay a lower tax rate?

Certainly doesn't sound like equal treatment under the law to me.

[unkachuck]

12. +1....n/t

[mzmolly]

3. So who would present the argument that the court erred in

equating corporations to persons?

[gkhouston]

10. anyone who can convince the court they have a case that should be reconsidered

in that light, I suppose. Since they typically hear arguments long before they hand down decisions, it looks like she may have been preemptively pointing a finger at a way to undermine today's travesty of a decision before it was even handed down.

[beyurslf]

4. I am glad she feels that way. I have to wait until the gay marriage debate reaches the

court before I will know what I think fully though.

[BrklynLiberal]

5. You GO Girl!!!

[Smashcut]

6. Sotomayor looks like a great choice so far.

I hope she doesn't let us down on equal rights.

[Rage for Order]

7. Stare Decisis

It's a good thing when it comes to Roe v. Wade.

It's a bad thing when it comes to (insert your pet cause here).

Does that about sum it up?

[TomCADem]

13. Exactly, Despite The GOP's Complaints About Activist Judges, They Choose Activist Judges...

...who overturn decades of laws limiting the ability of corporations to simply buy elections without any restrictions. Now, any corporation can just saturate the TV market with attack ads. Think Fox News 24/7 on very network channel. Where is the judicial restraint and deference to the legislature? What happened to the prior recognition of reasonable limits on commercial speech?

[girl gone mad]

11. I'm happy to say that I was wrong about her.

I had low expectations.

[Blasphemer]

15. Right now, we just need 1 more like her

Unfortunately, I don't think anyone is croaking anytime soon.

[lsewpershad]

16. Remember

what she said about a proud latina? She was right all along.