Halloween should be rescheduled for the last week of June. This is the last week of the Supreme Court’s annual session and they tend to leave their juiciest and most controversial decisions to the very end. The Supremes did not disappoint this year with two decisions yesterday that should leave sensible people reeling.
I’ll concentrate on the first, Hobby Lobby v. Sebelius and leave the public unions decision Harris v. Quinn perhaps for a future post. In the Hobby Lobby ruling, we got a decision that grants “closely held corporations” religious rights. Previous Supreme Court decisions had already granted corporations personhood status, a preposterous assertion given that corporations do not breathe, have children, die, get checkups, walk, talk or vote. On the latter, given the court’s breathtaking decision in this case, it’s probably only a matter of time before corporations get the right to vote as well. (Given the way the Supreme Court sees these things, they will probably get a number of votes proportional to their status, maybe based on the number of employees.) Justice Alito went so far in his decision as distinguish between corporations as people and actual human beings, “natural persons” as he calls us. You have to ask yourself: WTF? Was he sober when he wrote this?
All this, you see, is to protect the precious rights of the people that own these companies, as if in their role as “natural persons” they don’t already have the right to vote, or to spend their own money on campaigns, or speak out at rallies or take out ads in the newspaper. This means, of course, if you are an executive of a corporation you effectively get twice the rights, but effectively a lot more as you can wield the assets of your company to the extent you have money or can borrow money to speak out as much as you want. The Koch Brothers epitomize the ability of the very moneyed to drown out much of the rest of us. And now because your corporate personhood is so precious, you can also take away the rights of others. Unsurprisingly, certain companies like Hobby Lobby feel the need to screw it to women, which thanks to this decision means that they can prohibit contraceptive coverage from being covered in their health insurance plan. Why? Because it’s against their religion. Like corporations can go to church!
You would think this decision could not possibly make the pigs any “more equal” than the other farm animals (that’s an Animal Farm reference, in case you missed the allusion), but you are forgetting one of last year’s stunner decisions. Almost a year ago, on June 25, 2013 the Supreme Court struck down the heart of the Voting Rights Act of 1965. This law required certain states like Mississippi with a long history of racial discrimination in the voting booth to get preclearance for their voting methods. Mississippi was one of many mostly Southern states to set up more onerous criteria for voting: you had to show an approved photo ID, something that is difficult, expensive and inconvenient if you are poor. The Justice Department didn’t like it, of course, so it nixed the idea, but the state appealed to the Supreme Court. Of course, keeping blacks and minorities from voting was the whole intent of the law in Mississippi. By this decision, the Supreme Court effectively gutted the Voting Rights Act, which was written specifically to get rid of decades of Jim Crow laws that made it hard or impossible for minorities to vote.
So the Supreme Court, which claims to be so concerned about maximizing freedom of speech, gives virtually unlimited speech to corporations which aren’t even human beings while allowing states to make it harder for certain actual human beings, minorities and the poor naturally, to exercise what limited speech they have due to their financial state. In other words, it’s more freedom for those who can afford it, including entities (corporations) that are legal fictions, something Justice Alito in his decision candidly acknowledged. And due in part to last year’s decision, it’s less freedom for those that can’t. This is not surprising from a court that was very plainly equated money with speech. Last I checked, a dollar bill did not have lungs, a tongue and lips.
This is conservatism? This is not radically changing what has worked in the past? I don’t know what word it is, but it is not conservatism. It’s crazy and radical stuff. Rather it was the Supreme Court that inferred that corporations must be treated as people. These latest shocking decisions take this to a further absurd and quite frightening level.
Given that these radicals will be on the court for some time a harder and more permanent solution is needed. It’s already underway but as a practical matter to actually make it happen will require Democrats to have large majorities in both the House and Senate. It is simply this: we need a constitutional amendment that unambiguously states that corporations are not people and only have such temporal rights as Congress deigns to give them. If I were in charge, corporations would be forbidden from giving a dime to any political candidate, any PAC or any group that works to influence public policy on any level whatsoever.
What kind of glue are these conservative justices sniffing? Have they read the preamble of our constitution lately? It simply starts, “We the people”. There is no “We the people and corporations”. That is original intent. The so-called constitutional conservatives on the Supreme Court who voted for these unwise and radical decisions have simply proven the opposite. Instead, they are part of a cancer that is killing our democracy.