Most liberals have been highly critical of the Supreme Court’s ruling in the McCutcheon case, as they were with the earlier Citizens United decision. For some reason, that seems to bother Randy Barnett, one of my very favorite constitutional scholars, very much.
Senate Democrats and liberal groups are mounting a pressure campaign against the Supreme Court, hoping to influence future decisions by blasting conservative justices for alleged political bias.
The effort from the left also portrays the high court as an instrument rigged to help the wealthy, and is intended to energize Democratic voters and increase turnout in the midterm elections.
Some legal experts see the effort as akin to basketball or soccer players “working the ref” in a high-stakes game…
“The left clearly tried to work the refs on the Affordable Care Act,” said Randy Barnett, a professor at the Georgetown University Law Center. “They worked the refs after Citizens United, which helped set things up for the Affordable Care Act challenge. If it seems to work, why not continue? It’s unfortunate, I think, that they’ve been encouraged in this behavior by its apparent success.”…
Barnett said Democrats are likely using the court to rev up Democratic voters in the same way they have used the Koch brothers.
“This very well likely is also about finding an issue other than healthcare and the economy in 2014. This is like attacking the Koch brothers from the floor of the Senate every other day,” he said. “It’s another way of trying to gin up the base of the Democratic Party.”
Which party submits bills to limit the authority of the courts to rule on issues where they disagree with the courts’ rulings (establishment clause cases, for example, and detainee habeas corpus cases)? That would be the Republicans. Which party openly advocates defunding courts that issue rulings they don’t like? That would be the Republicans. Which party rails endlessly about “black-robed tyrants” destroying the country? That would be the Republicans.
Go look at the Republican reaction to the flag burning decision, the Terri Schiavo decision, Lawrence v Texas and last year’s same-sex marriage rulings. Then come back and tell me again about how the Democrats demonize the courts.