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Articles & Commentary

April 30, 2010
The President, the press, and the public have been rightly outraged by the Supreme Court's 5-4 decision in Citizens United v. FEC to allow corporations to drown out the voices of We the People in our political system. But Citizens United is just the tip of the iceberg. In less publicized cases, the Roberts Court is moving in a pro-corporate direction in other areas of the law as well, touching the lives of just about every American.
April 22, 2010

On April 22, 2010, Constitutional Accountability Center sent a letter to the Senate Judiciary Committee in support of President Obama's nomination of Professor Goodwin Liu to the United States Court of Appeals for the Ninth Circuit. Read the text below or click on the link to see the letter in its entirety. 

April 20, 2010

For much of the last century—long before Congress acted—federal courts allowed plaintiffs to seek injunctions to stop all kinds of pollution. Successful suits prevented an ore smelter from releasing deadly atmospheric arsenic over the homes and families of Utah, the City of Chicago from draining its sewage into St. Louis' drinking supply, and New York City from dumping its garbage into the Atlantic, where it washed up on the beaches of the New Jersey Shore. Today, states and environmentalists are turning to these and other historic precedents to make the case that climate change, too, belongs in the courts—when the other branches of government refuse to act.

March 28, 2010

At the center of the Florida suit is the claim that the Patient Protection and Affordable Care Act is "an unprecedented encroachment on the sovereignty of the states," and thus a violation of the Constitution's 10th Amendment. This argument should produce laughter from the bench for the simple reason that states are entirely free to rid themselves of any burdens imposed by the act by withdrawing from the federal Medicaid program.

February 5, 2010

The Supreme Court's thunder crack of a ruling in Citizens United, killing campaign finance reform, has also provided the president and his base with the clearest indication since Bush v. Gore of how much courts and judicial nominations matter. 

January 19, 2010

The question of whether and to what extent state and local gun regulations are constitutionally permissible is a question of the highest importance for both gun control advocates and gun rights supporters—and one that is about to be decided by the Supreme Court. 

October 26, 2009

It's still early in President Obama's first term, but not too soon to conclude that the president's effort to "put the confirmation wars [for judges] behind us" is not going well. Only three of his 22 lower court nominees have been confirmed so far.

October 8, 2009

With an angry letter last week accusing Senate Republicans of "unprecedented obstruction" of his judicial nominees, President Obama seems to have realized the futility of his administration's well-intentioned objective of "putting the confirmation wars behind us." Wars end only when both sides agree to put down their arms, and Senate Republicans never had any desire to do that. So, what's the endgame for this session of Congress? And which side will prevail in the longer term?

October 5, 2009

Last week, the Senate recessed without confirming a single federal judge, a sad reminder that right-wing obstructionism has become so widespread that the World's Most Deliberative Body can no longer complete even the most basic tasks.

September 8, 2009

If the Supreme Court lifts restrictions on corporate campaign contributions, watch out.