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DU legal eagles. Are there any points of law or the Constitution

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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:11 PM
Original message
DU legal eagles. Are there any points of law or the Constitution
that could be used against either a governmental committee (such as with healthcare) or lobbying firm whether as an individual lawsuit or class action based on it being a money access approach that denies other voices a right to be considered?
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dflprincess Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:14 PM
Response to Original message
1. I think Thom Hartmann talks about a Supreme Court decision
that give corporations personhood and says that their campaign "contributions" are protected by free speech.

Assuming I'm remembering what Hartmann said correctly, the answer to your question is probably "no".

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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:18 PM
Response to Reply #1
3. But poll taxes are illegal and this operates on the same principle.
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dflprincess Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:24 PM
Response to Reply #3
6. I don't think so
poll taxes deal with voting rights; the court looks at the bribes paid as free speech rights. The fact you can't buy as much "free speech" as Exxon or United Health Group does not prevent you from exercising your right.

But I'm not a lawyer so maybe an argument could be made for what you suggest.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:26 PM
Response to Reply #6
7. I see it as nullifying the worth of my vote by denying equal access.
Same as a poll tax.
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:16 PM
Response to Original message
2. No, and the prevailing current law only helps them buy their lying commercials.
Thank your GOP judges to the federal bench, who have used post civil war amendments to help the forces of evil spend whatever they want promoting their beliefs and objectives.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:21 PM
Response to Original message
4. No, because it's legal bribery.
If lobbyists engaged in illegal bribery, maybe someone could sue them for it, but you can't sue lobbyists who are following the law, even if the law is terrible.

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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:22 PM
Response to Original message
5. Point of law, no...although you might try and make a case that the Constitution
forbids this...not sure how, but any good lawyer can argue anything...the make-up of the current courts, however, wouldn't buy it. I might, but I don't matter.
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Laelth Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:35 PM
Response to Original message
8. Governmental committees have official immunity ...
Government officials are, generally, speaking, immune from suit for acts they take in their official capacities. If lobbyists break the law, they may be susceptible to criminal charges. As long as what they're doing is legal, however, it's unlikely that you would win a civil suit against them on equal protection grounds.

The Supreme Court has ruled that money=speech (protected by the 1st Amendment). Those with more money get more speech. Until that ruling is overturned, legalized bribery remains the law of the United States.

:dem:

-Laelth
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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-27-09 01:40 PM
Response to Original message
9. Against the insurance "providers" themselves _ RICO n/t
Edited on Mon Jul-27-09 01:50 PM by truedelphi
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