Screw Stare Decisis

Judge Alito's recommendation from the Judicial Committee was given today 10-8, and his nomination now heads to the Senate for likely confirmation.

Justice Alito will no doubt vote differently from Justice O'Connor and overturn very soon, the worst Supreme Court decision of my lifetime. I can hardly contain my enthusiasm.

Roe who? I am talking about McConnell v. FEC., where the court determined that First Amendment rights apply only to Illinois Nazis (man, I hate Illinois Nazis) and child pornographers. Those of us who care about the direction of the country and its polity will have to live under McCain-Feingold.

A case is perhaps headed to SCOTUS in time for the next election :Wisconsin Right to Life v. FEC that could curb McConnell or give the Roberts Court a chance to revisit it. The WSJ Ed Page sez:

A far better result would be for the Supreme Court to use this as an opportunity to revisit McConnell altogether. There is some hope that this could happen. Let's not forget that the deciding vote to uphold McCain-Feingold came from Justice Sandra Day O'Connor, who may now have heard her last case. Judge Sam Alito is likely to replace her soon, and his track record suggests he is more sympathetic to free-speech arguments.

Meanwhile, Congress might want to bear all this in mind as it attempts to atone for its own recent ethical lapses by enacting lobbying "reform." The practical effect of any such legislation will be to further curtail political free speech, restricting the rights of citizens to petition their government. If this case shows anything, it's that there is no such thing as "good" restrictions on free speech.

McConnell is, of course, Kentucky Senator Mitch McConnell who braved scorn from the elites, media and many of his fellow Senators in a brave attempt to defend our rights.

SCOTUS Posted by jk at January 24, 2006 6:15 PM