Thursday, September 17, 2009

Sonia Sotomayor On the Birth of the Corporate Person

Quote of the Day

"[Judges] created corporations as persons, gave birth to corporations as persons. There could be an argument made that that was the court's error to start with...[imbuing] a creature of state law with human characteristics."
-- Justice Sonia Sotomayor

Well this is a good sign. This is her first case and already Sonia Sotomayor is raising questions about the validity of the 19th century white male court rulings that "birthed" the monster corporate person. Justice Sotomayor's assertion suggests that if we'd had wise women on the 19th century High Court, that little monster corporate baby would have been aborted!

Jess Bravin at the WSJ has more:

. . . On today's court, the direction Justice Sotomayor suggested is unlikely to prevail. During arguments, the court's conservative justices seem to view corporate political spending as beneficial to the democratic process. "Corporations have lots of knowledge about environment, transportation issues, and you are silencing them during the election," Justice Anthony Kennedy said during arguments last week.

But Justice Sotomayor may have found a like mind in Justice Ruth Bader Ginsburg. "A corporation, after all, is not endowed by its creator with inalienable rights," Justice Ginsburg said, evoking the Declaration of Independence. How far Justice Sotomayor pursues the theme could become clearer when the campaign-finance decision is delivered, probably by year's end