18 September 2009

Sotomayor Challenges the Idea that Corporations are People

One day, I want to have a WSJ type picture of me published
When Obama nominated her, I figured that she would be a standard Democratic weasel choice, like Ruth Bader Ginsberg, in rock ribbed support of Roe v. Wade, but otherwise, not inclined to rock the boat.

Well, Jess Bravin saw some indications that she may be rather more inclined to change things than I had anticipated:
But Justice Sotomayor suggested the majority might have it all wrong -- and that instead the court should reconsider the 19th century rulings that first afforded corporations the same rights flesh-and-blood people have.

Judges "created corporations as persons, gave birth to corporations as persons," she said. "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."
In challenging the opinion, or more accurate clerks notes, in Santa Clara County v. Southern Pacific Railroad, the corporations are legal persons with constitutional rights, she is making a big statement on her position on corporate law, and it is significantly to the left of the court, and IMHO, the right position.

It could be that she feels that extending the idea of corporate civil rights to unlimited political donations crosses a line, but hopefully, it means more than that.

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