stone wolf

Posted on April 3, 2014 by Ruth O’Brien

decision this bad is good.  Why, you ask?

First, it turns the Roberts Court into the enemy.  Chief Justice John G. Roberts, Jr., with his 88 pages of huffing and puffing outside the Democrats’ cosmopolitan-coalition cottage, is a wolf — or, I guess, the leader of a pack of wolves (along with the four others).

A decision this bad is good because every social-justice movement needs not just a Rosa Parks (the perfect person in danger, who suffers blows for the opposition) but also a Sheriff Bull Connor with his bullhorn, who galvanized the opposition as he misjudged and sprayed children in the civil-rights movement, finding infamy in the international news.

A decision this bad is good because it galvanizes and mobilizes the opposition — and by the opposition I mean the power, or unity, of the Democratic party necessary to reestablish the separation of powers as Congress and the president unite to reverse this decision.

The president and Congress now have the capacity to stand up and overturn McCutcheon v. FEC. Remember, the first piece of legislation that President Obama signed was none other than the Lilly Ledbetter Fair Pay Act. This came after the Roberts Court tried to pull a fast one in the transition from Bush to Barack and undermine the Civil Rights Act of 1964.

Power is power, whether it’s a wolf or Bull Connor or hiding a paycheck so that discrimination cannot be discerned. And this power play has the capacity to backfire. A power play like this that is barely legitimate, being decided 5–4, will hopefully create significant separation-of-powers blowback.