All Hail Ginsburg the Great: Justice Ginsburg Deals a Blow to Partisan Gerrymandering

[Surya Gayatri]

Supreme Court conservatives attack RBG's opinion as "outrageously wrong."

Then manifestly, she's RIGHT.



In a victory for opponents of partisan gerrymandering, the Supreme Court on Monday upheld the use of an independent commission to draw Arizona's congressional districts. Writing for a narrow majority in the 5-4 ruling, Justice Ruth Bader Ginsburg touted the importance of direct democracy and making sure the power of the people is not hijacked by its elected representatives.

"The people of Arizona turned to the initiative to curb the practice of gerrymandering," Ginsburg wrote. "In so acting, Arizona voters sought to restore 'the core principle of republican government,' namely, 'that the voters should choose their representatives, not the other way around.'" Ginsburg's opinion was joined by the three other liberal-leaning justices and Justice Anthony Kennedy.

In his dissent, Roberts accused the majority of performing a "magic trick" with the wording of the Constitution. His dissent begins with an account of Arizona's passage of the Seventeenth Amendment to the Constitution, providing for the direct election of US senators. "What chumps!" the chief wrote. "Didn’t they realize that all they had to do was interpret the constitutional term 'the Legislature' to mean 'the people'? The Court today performs just such a magic trick with the Elections Clause."
...

"By insulating redistricting decisions from direct partisan influence, commissions like Arizona’s offer a crucial first step toward breaking the cycle of partisanship and dysfunction perpetuated by legislative gerrymandering. The States’ efforts to use such commissions to tackle one of America’s most intractable political problems have great potential and are fully consistent with the States’ traditional role as laboratories of democracy." The Supreme Court agreed.

http://www.motherjones.com/politics/2015/06/supreme-court-redistricting-case-arizona

_____________________

And RBG strikes another blow for democracy. I hope they erect a statue in her honor at her alma mater.

JUDICIAL GIANT!

[MoonRiver]

1. Isn't he part of the gang that magically decided corporations are people?

Now, that was a magic trick if I ever saw one!

[whathehell]

2. Justice Ginsburg is a woman. n/t

[Surya Gayatri]

6. I think Moon River is referring to Roberts and his own "magic trick".

[whathehell]

35. Okay, I didn't realize that.

[Surya Gayatri]

3. Presto, change-o. Now it's a corporation, now it's a PERSON!

[cascadiance]

10. But when they decided today on the death penalty, presto, corporations are NOT people there!

[JDPriestly]

13. Love it!

[Surya Gayatri]

14. Oh, snap! Hoist on their own petard...

[hifiguy]

26. To quote Peter Cook in Bedazzled,

"Just say the magic words, Julie Andrews!"

[LiberalElite]

4. Citizens United was just the latest - The notion that corporations are people

has been developing for a long time - pls. see the list of decisions going back to the 1800's in this link (scroll down).

http://reclaimdemocracy.org/corporate-personhood/

[hifiguy]

9. Corporate personhood has GOT to go.

Nothing should be allowed to exist in theoretical immortality, particularly when it is unaccountable to the people.

[cascadiance]

11. Yep! Who made ex railroad exec Bancroft Davis the god to decide that corporations are people!

[cascadiance]

16. Need to update that list to include more recent Hobby Lobby and McCutcheon cases

that are also part of the "corporate personhood" infestation too!

[JDPriestly]

12. So true. Thanks.

[JDPriestly]

20. So true. Thanks.

[former9thward]

23. That issue was decided long ago.

Citizens United gave corporations political first amendment rights but it did not give them personhood.

An 1819 decision, Trustees of Dartmouth College v. Woodward, held that corporations have the right to enter into contract agreements with the same protections as individual people. Pembina Consolidated Silver Mining Co. v. Pennsylvania
125 U.S. 181 (1888), Justice Field issued an opinion which stated "Under the designation of 'person' there is no doubt that a private corporation is included."

So the concept has been around a long time and not really challenged until recently.

[fasttense]

34. Base on a misreading of the law

The Supremes have many, many foolish decisions to haunt them, Dred Scott comes to mind.

It's funny, our founding fathers fought against corporations (corporations were established by the king with grants of money, land, seals and controlling bodies.). The original tea party was about unfair taxes involving a corporation, the East India Tea company. The corporation didn't have to pay the tax, the people of the colonies did have to pay the tax so the East India Tea company could undercut their tea prices every time. Dartmouth was one of those corporations established by the king. And the foolish Supremes have allowed the British king's plan to dominate the average person through corporations to succeed.

The royals are still controlling us even here in the US. See how effectively capitalism has ensured the survival of the feudal lords. It's about time we evolved beyond it and got rid of our kings, corporate or royal, for good.

[roguevalley]

24. she is noted online with great respect as the Notorious RBG :D

I adore her.

[Spazito]

5. Roberts is confused...

the majority performed a magic trick with the wording of the Constitution in their Citizens United decision where they interpreted the First Amendment as meaning 'Corporations are people too'.

This decision adheres to the Constitution.

[hifiguy]

7. In Japan people can be designated as

"Living National Treasures." Justice Ginsburg surely is that.

[Surya Gayatri]

8. A living, breathing legend...

[saidsimplesimon]

15. je adore Madame Ginsberg, thank you for agreeing.

[Surya Gayatri]

18. Moi aussi. Elle est formidable !

[DonCoquixote]

17. Hillary may talk of what she may wish to do

but right now, I will be happy if she simply picks someone to replace Scalia and be a REAL judge, as well as seal any leaks left should Ruth lose her cancer battle.

[Surya Gayatri]

19. We never hear anything of her health issues. I hope that's a good omen...

[Uncle Joe]

21. Kudos to Justice Ginsburg

Thanks for the thread, Surya Gayatri.

[Surya Gayatri]

22. ...

[DebbieCDC]

25. The Notorious RBG rocks

[Scuba]

27. K&R

[Novara]

28. Notorious RBG ROCKS

[marble falls]

29. A very big victory. More important than it seems.

[Surya Gayatri]

30. Yes, far-reaching in its implications.

[Orrex]

31. I've said it before, and I'll say it again.

We should immediately reallocate our entire military budget toward keeping this amazing woman alive and healthy for as many decades as she cares to stick around.

A truly remarkable and heroic figure.

[stevenleser]

32. I would give up 5 years of my life if they could be given to her for additional time on the bench.

Seriously. I would.

[Surya Gayatri]

33. May she live long and prosper!

[Liberalagogo]

36. Ruth is the one

that they need to put on the new $10 bill. I don't care that she is, and hopefully will be, still alive when they do it.

[bucolic_frolic]

37. Roberts: Corporations are people

but commissions are not legislatures and commissions are not people.

Ya Gotta Wonder.

I had doubts about RBG not retiring, but she really brought home the bacon
this year.

One great mind can change the world.

[nikto]

38. Here in California, as I remember ...

Back in 2008, as I remember, the GOP actually SUPPORTED (with $$$) the redistricting ballot prop, hoping it would strengthen
the GOP in a Democratic-dominated state.

It didn't.

Now Public Redistricting is seen as an enemy of GOP/Conservative power, as redistricting by politicians has given the GOP the mis-leading appearance (and apparent "performance&quot of strength in places where they are actually weaker.

Texas and other rightwing-corporatist hotbeds will never permit this ----It could be permanently fatal
to the GOP majority there, and elsewhere.