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ancianita

(36,060 posts)
9. Good questions that could get answered by a Democratic majority Senate. If there's the legislative
Fri Dec 13, 2019, 03:02 PM
Dec 2019

Last edited Fri Dec 13, 2019, 03:50 PM - Edit history (1)

process outside of SCOTUS, the law could change for about a minute.

Then after all the congressional time spent, it would just be attacked immediately by corporate groups and wend its way to SCOTUS anyway.

I don't know if I have a good legal parallel here (probably not), but RBG had to look for just the right, tight test cases to shut down 100 years of gender discrimination against women. The same might hold for corporations' empowerment through the courts.

Because without courts actually pronouncing that "corporations are NOT people, my friend", corporations have still been treated as personhoods that get constitutional protections dating back to the Pacific Railroad case that first invoked the 14th Amendment protections, along with other corporation v human interest cases since then. Corps have always, always been the Goliaths to the human Davids, when it came to winning cases that they persisted on fighting across generations.

Either way, SCOTUS has to rule on it. I like the shortest way, which is probably by a major org that argues a series of cases that challenge any legislative decision for or against corporate personhood before the court.

CU is unlikely to be reversed with the current SCOTUS composition -- certainly not by a 'bought' congress, either -- which is why I say that Dems must push for a SCOTUS seat increase first.

All the other changes on your list can be legislated, too, but when corporations lobby against those bills, we usually lose. Just sayin'.

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