Some on Supreme Court may be activists, but it's not who you think

The Republican senators who voted against Sonia Sotomayor feared her appointment to the Supreme Court would lead to an orgy of judicial activism, with the justices wildly making laws instead of interpreting them.

It looks as if she’s joining a court that is out to do just that, but the judicial activism is about to be indulged in by the ideological soulmates of the same senators who condemned Sotomayor.

Judicial activism has been a label borne by liberal to moderate Supreme Courts for decisions the Right didn’t like since the Warren Court ruled in Brown v. Board of Education that school segregation was unconstitutional, as was the long enshrined doctrine of separate but equal.

But Brown wasn’t a 5-4 liberal squeaker; it was a unanimous decision forged by the Eisenhower appointee, Republican Earl Warren. The historic Griswold decision, which established privacy as a constitutional right and paved the way for Roe v. Wade, was a 7-2 decision. Even Roe, the most maligned effort of “judicially active†justices, was upheld by seven justices and written by Nixon appointee Harry Blackmun.

    u    u    u

This time, the situation is quite different. The court’s conservative wing has used a relatively uncomplicated case to set the stage for a 5-4 decision, the outcome of which could drastically alter our elections.

On Sept. 9, the court will convene for a special session that was called by Chief Justice John Roberts and the sometimes conservative majority he has crafted with the almost sure votes of Justices Scalia, Thomas and Alito and the sometime support of Justice Anthony Kennedy.

When the last term ended in June, the court declined to rule on a case that involved a ban on showing “Hillary: The Movie,†a film that a conservative advocacy group produced in 2008 to attack Hillary Clinton’s candidacy for president. The Federal Election Commission, citing the McCain-Feingold Law against corporate-financed ads or other “electioneering communications†being broadcast 30 days before a primary or 60 days before a general election, had voted not to allow the Clinton film to be shown on cable television and the case was appealed to the Supreme Court.

The question was whether a 90-minute film could be treated the same way as a 30-second campaign commercial and a decision addressing that question could have settled it.

But instead of deciding the case on narrow grounds, the Roberts majority voted to schedule a second argument for September on the broader question of the First Amendment right of corporations to contribute to campaigns.

The New York Times Supreme Court reporter Adam Liptak has noted that the Roberts court has struck down every campaign finance regulation to reach it because it has had the support of the four conservatives and Justice Kennedy in all of them.

In declining to rule on the Hillary movie, the court instructed the parties to come back and argue whether it should overrule a decision that upheld restrictions on corporate contributions and a 2003 decision upholding the McCain-Feingold law’s ban on corporate ads designed to elect or defeat specific candidates.

    u    u    u

Corporations have been barred from contributing to political campaigns for more than a century and a ban against unions engaging in the same activity was added in the Taft-Hartley Act more than 60 years ago.

The contributions that do find their way to candidates under the names of corporations and unions come from the organizations’ political action committees. PACs are company- or union-organized committees of employees, members, owners and their immediate family members who join out of a desire to give their hard-earned money to a candidate or cause of the PAC’s choice, which always bears a remarkable resemblance to the company’s choice.

These “voluntary†contributions are credited to the company or union and are a patently phony way of getting around the legal ban. They are bad enough, but imagine if the corporations — and the prosperous unions that still exist — could dip into their own treasuries and add millions of dollars more to the campaign of a candidate they favor.

Senator Dodd’s hefty financial support from the political action committees of financial firms whose activities he oversees as chairman of the Senate Banking Committee has been rightly questioned. Imagine if those millions were enhanced by direct contributions from the corporations who seek his and his colleagues’ access, attention and understanding.

That could happen if the court’s carefully rigged special session next month results in a 5-4 decision that says corporations with their billions should be allowed to express their First Amendment rights by buying ads supporting the candidates of their choice.

The only hope is that one of the five — Roberts, Alito, Scalia, Thomas or Kennedy — surprises the rest and decides having America’s corporations control America’s politics isn’t a very good idea.

Dick Ahles is a retired journalist from Simsbury. E-mail him at dahles@hotmail.com.

Latest News

‘Vulnerable Earth’ opens at the Tremaine Gallery

Tremaine Gallery exhibit ‘Vulnerable Earth’ explores climate change in the High Arctic.

Photo by Greg Lock

“Vulnerable Earth,” on view through June 14 at the Tremaine Gallery at Hotchkiss, brings together artists who have traveled to one of the most remote regions on Earth and returned with work shaped by first-hand experience of a fragile, rapidly shifting planet, inviting viewers to sit with the tension between awe and loss, beauty and vulnerability.

Curated by Greg Lock, director of the Photography, Film and Related Media program at The Hotchkiss School, the exhibition centers on participants in The Arctic Circle, an expeditionary residency that sends artists and scientists into the High Arctic aboard a research vessel twice a year. The result is a show documenting their lived experience and what it means to stand in a place where climate change is not theoretical but visible, immediate and accelerating.

Keep ReadingShow less
Beyond Hammertown: Joan Osofsky designs what comes next

Joan Osofsky and Sharon Marston

Provided

Joan Osofsky is closing the doors on Hammertown, one of the region’s most beloved home furnishings and lifestyle destinations, after 40 years, but she is not calling it an ending.

“I put my baby to bed,” she said, describing the decision with clarity and calm. “It felt like the right time.”

Keep ReadingShow less
A celebratory season of American classics and new works at Barrington Stage Company
Playwright Keelay Gipson’s “Estate Sale” will have its world premier this summer at Barrington Stage Company.
Provided

Amid the many cultural attractions in the region, the Barrington Stage Company in Pittsfield, Massachusetts, stands out for its award-winning productions and comprehensive educational and community-based programming. The theater’s 2026 season is one of its most ambitious; it includes two Pulitzer Prize-winning modern classics, one of the greatest theatrical farces ever written, and new works that speak directly to who we are right now as a society.

“Our 2026 season is a celebration of extraordinary storytelling in all its forms — timeless, uproarious and boldly new,” said Artistic Director Alan Paul. “This season features works that have shaped the American theater, as well as world premieres that reflect the company’s deep commitment to developing new voices and new stories. Together, these productions embody what BSC does best: entertain, challenge and connect our audiences through theater that feels both essential and alive.”

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Hotchkiss Film Festival celebrates 15th year of emerging filmmakers

Student festival directors Trey Ramirez (at the mic) and Leon Li introducing the Hotchkiss Film Festival.

Brian Gersten

The 15th annual Hotchkiss Film Festival took place Saturday, April 25, marking a milestone year for a student-driven event that continues to grow in ambition, reach and artistic scope. The festival was founded in 2012 by Hotchkiss alumnus and Emmy-nominated filmmaker Brian Ryu. Ryu served as a festival juror for this year’s installment, which showcased a selection of emerging filmmakers from around the region. The audience was treated to 17 films spanning drama, horror, comedy, documentary and experimental forms — each reflecting a distinct voice and perspective.

This year’s program was curated by student festival directors Trey Ramirez and Leon Li, working alongside faculty adviser Ann Villano. With more than 52 submissions received, the selection process was both rigorous and rewarding. The final lineup included six films from Hotchkiss students.

Keep ReadingShow less
Artist Maira Kalman curates ‘Shaker Outpost’ in Chatham

The Laundry Room, a painting by Maira Kalman from the exhibition “Shaker Outpost: Design, Commerce, and Culture” at the Shaker Museum’s pop-up space in Chatham.

Photo by Maira Kalman; Courtesy of the artist and Mary Ryan Gallery, New York

With “Shaker Outpost: Design, Commerce, and Culture,” opening May 2, the Shaker Museum in Chatham invites artist and writer Maira Kalman to pair her own new paintings with objects from the museum’s vast holdings, and, in the process, reintroduce the Shakers not as relic, but as a living argument for clarity, usefulness and grace.

Born in Tel Aviv, Maira Kalman is a New York–based artist and writer known for her illustrated books, wide-ranging collaborations and distinctive work spanning publishing, design and fine art.

Keep ReadingShow less

Ticking Tent spring market returns

Ticking Tent spring market returns

The Ticking Tent Spring Market returns to Spring Hill Vineyards in New Preston on May 2.

Jennifer Almquist

The Ticking Tent Spring Market returns to New Preston Saturday, May 2, bringing more than 60 antiques dealers, artisans and design brands to Spring Hill Vineyards for a one-day, brocante-style shopping event from 9 a.m. to 4 p.m.

Co-founders Christina Juarez and Benjamin Reynaert invite visitors to the outdoor market at 292 Bee Brook Road, where curated vendors will offer home goods, fashion, tabletop and collectible design. Guests can browse while enjoying Spring Hill Vineyards’ wines and seasonal fare.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.