Join Ology today. Sign in and connect with others who share your interests

Breaking political news? Don't worry, we'll fix it.
• Created by: Brett Warner
15881
Followers575
Reactions1624
Posts2451
PoliticOlogy
Live
Stream
STATS
15881
Posts 2451
Comments 662
Loves 912
Hates 490
Hmms 222
TOP POSTS
Washington, New Jersey Battle Over Gay Marriage Bills
Washington, New Jersey Battle Over Gay Marriage Bills
The Ology Team .
560
Video: Justin Timberlake Sings Otis Redding For President Obama
Video: Justin Timberlake Sings Otis Redding For President Obama
Brett Warner
328
Earn An iPad And More With The New Ology Rewards Program
Earn An iPad And More With The New Ology Rewards Program
Brett Warner
289
Ready Morrissey's Brutal Margaret Thatcher Obituary
Ready Morrissey's Brutal Margaret Thatcher Obituary
Brett Warner
118
Video: President Obama Praises Led Zeppelin At Kennedy Center Honors
Video: President Obama Praises Led Zeppelin At Kennedy Center Honors
Brett Warner
105
Morrissey Isn't Happy With How The Media Is Remembering Margaret Thatcher
Morrissey Isn't Happy With How The Media Is Remembering Margaret Thatcher
Brett Warner
91
Get Ready To Love A Brand New Ology.com...
Get Ready To Love A Brand New Ology.com...
Terron R. Moore
68
New Pussy Riot Documentary Coming To Sundance 2013
New Pussy Riot Documentary Coming To Sundance 2013
Brett Warner
41
Earn An iPad And More With The New Ology Rewards Program
Earn An iPad And More With The New Ology Rewards Program
Brett Warner
39
Watch J.K. Rowling Discuss 'The Casual Vacancy' On 'The Daily Show'
Watch J.K. Rowling Discuss 'The Casual Vacancy' On 'The Daily Show'
Brett Warner
7
TOP TAGS

politicology

1
SHOUTBOX 1

SIGN IN TO CHAT!
Enjoying PoliticOlogy? Join the community today to contribute and get the latest updates.
Agree to our Terms of Service
Agree to our Terms of Service
x

Here Are Some Puppies To Look At While We Discuss SCOTUS' New Citizens United Ruling

Evan McMurry
2012 Election
LawOlogy
PoliticOlogy
2 Comments

Did you know that the Supreme Court is deciding on cases not related to health care or immigration? True story! The Court handed down more decisions today, one of which will make happy(ish), the other of which will make you want to renounce your citizenship.

First things first, the SCOTUS ruled that sentences of life without parole in the case of juvenile defendants is unconstitutional under the Eight Amendment which prohibits crual and unusual punishment. 

The decision was another of the 5-4 clunkers that Justice Roberts said he was going to try to avoid. It was in reference to two cases which fell under an Alabama law—which appears to be one of those tough-on-crime laws that politicians pass in August of an election year without considering the legal or moral or personal repurcussions—that required life without parole for juveniles convicted of homicides. It appears the requirement part was the problem; not allowing juries and judges to take into account mitigating circumstances, such as the defendant's age, in sentencing made the law cruel and unusual. Justice Kagan, who wrote the decision, via CBS News:

In neither case did the sentencing authority have any discretion to impose a different punishment. State law mandated that each juvenile die in prison even if a judge or jury would have thought that his youth and its attendant characteristics, along with the nature of his crime, made a lesser sentence (for example, life with the possibility of parole) more appropriate.

Chief Justice Roberts and Justice Thomas both wrote dissents, with Roberts arguing that the law fell well short of the death penalty, which has been declared constitutional, and Thomas arguing under ye olde Federalist logic that the Court had no right to tell Alabama how many kids it could kill. (Roll tide!)

So that's good, no more life sentences for kids. Here's puppies (courtesy Buzz Feed, sigh, drink):

puppies!

Now, then, the SCOTUS also summarily rejected a challenge to Citizens United via a century-old Montana law banning corporate contributions to elections. The law had been passed in response to gold barons buying elections in the oughts, but that was before the Supreme Court decided that money = speech. Via the Los Angeles Times:

Despite the Citizens United decision, the Montana Supreme Court had refused to strike down the state's ban on election spending by corporations. Its judges cited Montana's history of "copper kings" who bribed legislators. Advocates of campaign finance reform had hoped that the current wave of election-related spending would help make their case for the need to reconsider Citizens United.

The decision was another of the 5-4 clunkers that Justice Roberts said he was going to try to avoid. The usual suspects dissented, including Breyer, Sotamayor, Kagan and Ginsburg, with Breyer penning the dissent:

Montana's experience, like considerable experience elsewhere since the Court’s decision in Citizens United, casts grave doubts on the Court’s supposition that independent expenditures do not corrupt or appear to do so. [Same LAT link as above]

However, Breyer admitted that with the current composition of the Court—these are the same guys who ruled on CU in the first place—any reversal on the issue was extremely unlikely.

And just so we're clear, Thomas thinks the federal government has no right to intrude upon a state's sentencing of a child, but every right to intrude upon its protection of its election from corruption. Federalism!


---

Follow on Ology: Evan McMurry |  PoliticOlogy

Follow on Twitter: @evanmcmurry  |  @OlogyPolitics


Comments (2)

Sandra profile picture
Sandra Rodriguez: You just can't make this stuff up!
June 28, 2012
Sharon profile picture
Sharon Tharp: Best. Photo. Ever.
June 25, 2012