Each week I get an email from Slate telling me what the latest articles are there, this one caught my attention; Richard Posner on Roberts” For those of you who may not know, Richard Posner writes articles on the economy; but, he is also an 7th District Appeals Court Justice. The 7th District is the same district handling Scott Walker’s election snafu except the justice in that appeal is Frank Easterbrook.
What I find interesting about this article is Justice Posner is talking about SCOTUS Chief Justice Roberts and seemingly questioning McCutcheon v. Federal Election Commission. Here is an abbreviated take on what is being said by Justice Posner:
“Which brings me to Chief Justice Roberts’ opinion in McCutcheon v. Federal Election Commission, the decision in April that, in the name of free speech, further diminished Congress’ power to limit spending on political campaigns. The opinion states that Congress may target only a specific type of corruption—quid pro quo corruption—that is, an agreement between donor and candidate that in exchange for the donation the candidate will support policies that will provide financial or other benefits to the donor. If there is no agreement, the opinion states, the donation must be allowed because ‘constituents have the right to support candidates who share their views and concerns. Representatives are not to follow constituent orders, but can be expected to be cognizant of and responsive to those concerns. Such responsiveness is key to the very concept of self-governance through elected officials.
Can so naive-seeming a conception of the political process reflect the actual beliefs of the intellectually sophisticated chief justice? Maybe so, but one is entitled to be skeptical. Obviously, wealthy businessmen and large corporations often make substantial political contributions in the hope (often fulfilled) that by doing so they will be buying the support of politicians for policies that yield financial benefits to the donors. The legislator who does not honor the implicit deal is unlikely to receive similar donations in the future. By honoring the deal he is not just being ‘responsive’ to the political ‘views and concerns’ of constituents; he is buying their financial support with currency consisting of votes for legislation valuable to his benefactors. Isn’t this obviously a form of corruption?'”
Mind you, I have not see a lower level judge question a higher level judge’s viewpoint and legal opinion. So this is rather unusual for me having been through all of the court levels. This comes outside of the realm of an appeal which would change a lower court’s ruling if a justice found a lower court’s ruling in error or not to their interpretation. Maybe other readers such as JackD and Bev can offer a better opinion than mine.