What Are We Bid for American Justice?
Saturday 20 February 2010
by: Bill Moyers and Michael Winship, t r u t h o u t | Op-Ed

(Image: Troy Page / t r u t
h o u t; Adapted: Alex E. Proimos, ianmunroe, calebkimbrough)
That famous definition of a cynic as someone who knows the price of everything and the value of nothing has come to define this present moment of American politics.
No wonder people have lost faith in politicians, in parties and in our leadership. The power of money drives cynicism deep into the heart of every level of government. Everything - and everyone - comes with a price tag attached: from a seat at the table in the White House to a seat in Congress to the fate of health care reform, our environment and efforts to restrain Wall Street's greed and prevent another financial catastrophe.
Our government is not broken; it's been bought out from under us, and on the right and the left and smack across the vast middle more and more Americans doubt representative democracy can survive the corruption of money.
Last month, the Supreme Court carried cynicism to new heights with its decision in the Citizens United case. Spun from a legal dispute over the airing on a pay-per-view channel of a right-wing documentary attacking Hillary Clinton during the 2008 presidential primaries, the decision could have been made very narrowly. Instead, the conservative majority of five judges issued a sweeping opinion that greatly expands corporate power over our politics.
Never mind that in at least two separate polls an overwhelming majority of Americans from both political parties say they want no part of the court's decision; they want even more limits on the power of money in elections. But candidates and their campaign consultants are gearing up to exploit the court's gift in the fall elections.
Just this week, that indispensable journalistic Web site Talking Points Memo reported that K&L Gates, an influential Washington lobbying firm, is alerting corporate clients on how to use trade associations like the Chamber of Commerce as pass-throughs to dump unlimited amounts of cash directly into elections. They can advocate or oppose a candidate right up to Election Day, while keeping a low profile to prevent "public scrutiny" and bad press coverage. And media outlets already are licking their chops at the prospect of all that extra money to be spent buying airtime - as much as an additional $300 million. That's not even counting production and post-production costs of campaign ads, which are considerable. A bad situation just got worse.
If you want to know just how much worse, look to the decision's potential impact on our court system, where integrity, independence and fair play count the most when it comes to preserving faith in our system. It's as susceptible to the lure of corporate wealth as the executive and legislative branches are.
Ninety-eight percent of all the lawsuits in this country take place in the state courts. In 39 states, judges have to run for election - that's more than 80 percent of the state judges in America.
The Citizens United decision makes those judges who are elected even more susceptible to the corrupting influence of cash, for many of their decisions in civil cases directly affect corporate America, and a significant amount of the money judges raise for their campaigns comes from lobbyists and lawyers.
In the words of Charles W. Hall, a spokesman for the nonpartisan, judicial watchdog group Justice at Stake, "Corporate bottom lines are not affected by whether a bank robber gets 10 or 20 years in prison. The bottom lines are affected, however, by whether a large-scale lawsuit is upheld or overturned."
During the 1990's, candidates for high court judgeships in states around the country and the parties that supported them raised $85 million for their campaigns. Since the year 2000, the numbers have more than doubled to over $200 million.
The nine justices currently serving on the Texas Supreme Court have raised nearly $12 million in campaign contributions. The race for a seat on the Pennsylvania Supreme Court last year was the most expensive judicial race in the country, with more than $4.5 million spent by the Democrats and Republicans. Now, with the Supreme Court's Citizens United decision, corporate money's muscle just got a big hypodermic full of steroids.
As Supreme Court Justice John Paul Stevens wrote in his 90-page Citizens United dissent, "At a time when concerns about the conduct of judicial elections have reached a fever pitch ... the Court today unleashes the floodgates of corporate and union general treasury spending in these races."
States that elect their judges, he said, "after today, may no longer have the ability to place modest limits on corporate electioneering even if they believe such limits to be critical to maintaining the integrity of their judicial systems."
No wonder that legal experts, including former Supreme Court Justice Sandra Day O'Connor (the only living current or former Supreme Court member to have been an elected state court judge), have called for states with judicial elections to switch to a system of merit selection. Judges would be appointed but possibly subject to "retention elections" in which voters can simply vote thumbs up or down as to whether jurists are qualified to remain on the bench.
Until such changes are made, the temptations of corporate cash mean that in those states where judicial elections still prevail, there hangs a crooked sign on every courthouse reading, "Justice for Sale."

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.



Comments
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Per Stevens: "unleashes the
Sat, 02/20/2010 - 10:51 — Curt (not verified)Per Stevens: "unleashes the floodgates of corporate and union general treasury spending". Unfortunately the labor movement destruction begun by Reagan has been carried out in earnest by all the administrations that followed him, so except in limited cases there's only one of these entities left with enough money to really sway elections.
Sad. Very sad. The
Sat, 02/20/2010 - 11:56 — KsCynic (not verified)Sad. Very sad. The Supremes have disgraced themselves and sold out the coutnry.
I watched the Bill Moyers
Sat, 02/20/2010 - 13:04 — Anonymous (not verified)I watched the Bill Moyers program this morning and found it more than depressing. Usually he sums up at the end and I feel hopeful that we can bring back some reason to America. Not today. He threw in the towel and pretty much said it is over, we have transitioned into fascism. The battle in my house now is for emmigration. I don't want to be caught behind the lines and find myself in a refugee camp with other Americans as we stream across the border.
If you combine the Supreme Court decision on Citizen's United with the crazy tea baggers and conservative convention we are in trouble. Like machete wielding Hutus and Brown shirted racists these folks are consumed by ideology. I suspect Romney's encounter with a rapper on the airplane was deliberate, just to prove he can push people of color around and score a few points with the base. The insane suicide bomber ( yes, flying an airplane into a building makes you a suicide bomber) is being heralded as a hero on right wing blog sites.
I don't see any hope for turning things around, talking to each other or having productive debate. It has gone to far and revolutions, although interesting, are best viewed from the outside.
I think the Great Experiment
Sat, 02/20/2010 - 13:19 — Deborah (not verified)I think the Great Experiment is over. I don't believe we can fix it. Once the courts are tainted, especially the Supreme Court, the deal is done.I am grateful, however, for voices such as Bill Moyers and Michael Winship. It's time to start thinking about where DO we go from here.
Mr. Moyers, as always, spot
Sat, 02/20/2010 - 13:24 — inL.A (not verified)Mr. Moyers, as always, spot on. It's ironic how in a year's time one can go from complete exhilaration in the promise of a new start for one's country, to the realization that it was all just a mirage.
I agree with "anonymous".
Sat, 02/20/2010 - 13:35 — Deborah (not verified)I agree with "anonymous". More than the courts being bought and sold ..and tainted, there is no longer the ability to have productive debates. It is nearly impossible to have a reasonable discussion even among the left. Everyone is a right fighter with little or no ability to listen.
I believe the terrorists are winning. Perhaps they knew that we would, indeed, implode and destroy our democratic values from within. THEY could see that money, power and greed was our God. Present a crisis and people will only rise to that which they value.
It is becoming vastly apparent that humanity, morals, ethics, philosophy, history, or culture are no longer valued. Certainly intelligence is not valued. Those that have money, those that have power are no longer that which our Founding Fathers (being elitist, yes) found to be
critical - that of being a gentleman (and now gentlewomen). It has nothing to do with manners. It has everything to do with grace, knowledge, philosophy, morals, ethics, and being learned.
Our founding fathers were elitists, but they honored the common person.....because they were "gentlemen." Lately, that concept, being male or female, is almost non-existent.
Courts are no longer disinterested.
The only answer to this new
Sat, 02/20/2010 - 14:53 — MaryTFic (not verified)The only answer to this new Supreme Court decision is to work to reinstate the FCC Fairness Doctrine and the mandated equal time law regarding political advertising.
Mary T. Ficalora, author of Choosing Honor, Avail Press
Anyone who thinks that
Sat, 02/20/2010 - 14:55 — DJM (not verified)Anyone who thinks that corporate cash will only affect the elections should think a little deeper than that. All the money spent by a big corporate "citizen" will be considered a cost of doing business and we all know who pays those costs eventually.
The public/consumer will pay when the prices go up. Perhaps the cost of corporate lobbying against health care reform this year has already reared it's ugly head ....for example, Wellpoint has raised premiums on many individual plans by 38% to 39%. (whatever their other excuses are, the cost of lobbying is probably involved too)
I watched Bill last night as
Sat, 02/20/2010 - 15:17 — Anonymous (not verified)I watched Bill last night as I always do. He is the last vestige of media integrity on the mass opiate that is called TV. It is doubtful his honest approach to (real)news will ever be repeated by public television or anywhere else beyond independent media(as long as that lasts!). Also as usual, he is absolutely correct and exposing "Justice" Kennedy from what he said 11 years ago as compared to what he and his federalist society accomplices did in opening the doors to even more corporate corruption proves that anyone who holds a powerful position can be and usually are coerced. From a greedy corporate standpoint, controlling the courts is way more important than controlling the parties, though as we all sadly realize, they too are all bought and paid for with only a scant few exceptions.
One comment about the suicide bomber getting praise from right wing blogs.... This is ironic since this Stark guy actually lambasted Reagan and George W. Bush. He attacked the right in his letter. Another thing I found curious were the last two remarks concerning communism and capitalism. First off why would right wingers applaud a guy who appears to have believed communism to be a more honest brokerage of government than capitalism? Secondly, did this guy even put that stuff at the bottom of his suicide note? If this was something that arrived after the fact, then someone wanted to make him out to be a deranged fringe leftist terrorist rather than simply a guy who suffered decades of systematic abuse and finally reached the breaking point. Imagine the possible implications to that! Essentially, that gives the right ammunition to argue for even more draconian government aimed exclusively at the left once they regain power. As for the teaparty goers themselves(where were these so called constitutional loving patriots when Bush and Cheney trashed the entire Bill of Rights?), they are the extreme right fringe though their big mouths and the constant media attention(thanks to the corporations) make them look bigger. Also though justifiably angry, they are so for all the wrong reasons. Obama is not a socialist, but rather another corporate bought stooge, just like Bush and Cheney and probably every other president since Ronald Reagan. Same goes for both parts of the house and as we now know, most of the Judges from the county and state levels on up! This kind of corruption will never disappear by merely voting, a point in fact the suicide bomber himself made in that note.
“Never mind that in at
Sat, 02/20/2010 - 20:57 — John (not verified)“Never mind that in at least two separate polls an overwhelming majority of Americans from both political parties say they want no part of the court's decision .... “
Well that’s a rather sophomoric understanding of an independent judiciary. What is your point? When SCOTUS struck down interracial marriage in Loving v. Virginia, the vast majority (over 90%) “want[ed] no part of the court's decision.” Likewise, when the Court struck down Jim Crow in Brown v. Board, the vast majority (again over 90%) "want[ed] no part of the court's decision." "Impeach Earl Warren" as the cry. "Amend the Constitution!" Ya, right. Only a clueless ignoramus with zero knowledge of what that takes could make such a foolish statement.
I could go on for pages but to what purpose. This is the power of an independent judiciary. These judges are not elected. Do you only object to it when they don’t come down on our side?
I share the concerns over judges fearful of the mob (See “California Supreme Court Commits Suicide” at http://open.salon.com/blog/john_mortimer_esq/2009/05/26/california_supreme_court_commits_suicide ) but these pundits seem to want it both ways. Curious no one seemed to notice that the ""Liberal" and "Progressive" ACLU was on the side of the majority and filed a powerful friend of the court brief. The ACLU has consistently taken the position that section 203 was facially unconstitutional under the First Amendment because it "permits the suppression of core political speech," and their amicus brief took that position again.. They get no heat. Hmmm.
And what’s with this commentary phenomenon? Every body’s got an opinion. So what? Who reads this stuff? Does ANYONE read it? I somehow think more people read the graffiti spewed across the walls of a public toilet. “Prosecute Cheney,” “Bush sucks,” “Obama the Bamboozler.” "Barack Obama loves gay Jim Crow Laws."
Graffiti on public walls gets more readers than this stuff. Why do we bother? Just shows how pathetically desperate we are for 'free speech' ourselves.