Friday, May 15, 2015

"If elected president, I will have a litmus test in terms of my nominee to be a Supreme Court justice."

"And that nominee will say that we are all going to overturn this disastrous Supreme Court decision on Citizens United because that decision is undermining American democracy. I do not believe that billionaires should be able to buy politicians."
On Thursday, Clinton also reiterated her support for a constitutional amendment that would overturn Citizens United, a long-shot effort that is nonetheless popular among Democratic activists.

"She said she is going to do everything she can," the attendee said. "She was very firm about this � that this Supreme Court decision is just a disaster."
My thoughts:

[ADDED: FIRST, let me be clear that quote that begins this post is something Bernie Sanders said on one of the Sunday talk shows. The blocked and indented quote is from Hillary, and it's something she said to donors at a closed meeting that was leaked by an attendee whom the Washington Post is keeping anonymous. The Post relates that Hillary "got major applause when she said would not name anybody to the Supreme Court unless she has assurances that they would overturn" Citizens United and calls this a "pledge to use opposition to Citizens United as a litmus test for Supreme Court nominees." I don't know that Hillary ever used the term "litmus test," and it sounds as though she's under pressure because of what Sanders had said.]

1. I don't believe this pledge. I think she's saying this because she thinks it's politically advantageous, so: Why does she think that?

2. Normally, what Presidents and presidential candidates say is that they don't have any "litmus test." It's been considered politic to act as though you are choosing Justices in a soberly meritocratic fashion, posing as if you value judicial independence and cases decided according to the law. These Presidents and presidential candidates may nevertheless have a litmus test, of course. They just choose not to say so.

3. Citizens United! is an incantation, but who is it for, who responds to it and why? Very few people have much understanding of what the case was actually about, so incanting Citizens United! is a pretty idiotic approach to politics. I suspect Hillary Clinton has a good deal of contempt for the little people of America whom she needs to like her and who did not find her likable enough last time.

4. One thing Citizens United was about was a movie about Hillary, "Hillary: The Movie":


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