Monday, February 27, 2017

The Supreme Court has summarily affirmed the Independence Institute case, without dissent.
I'm not clear if that means it was unanimous, or just that they had at least 4 votes.
I have at times questioned I I's strategy in spending money and effort on this case, that lost at trial and has now lost at the high court. There were other winnable issues they could have focused on instead.
However, the quantity and quality of the amicus briefs in support convinced me they were onto something. They took a shot and missed. If the court had given the case a full hearing, and the 9th justice was by then on board, it could have goen differently.

I don't know know whether I I understood the odds against it, or thought all along that it would win in the end. The court only hears the cases that come before it, so it is important that group like I I are out there bringing case that raise these kind of issues a little guy speaking truth to power. This time power won. I am personally frustrated that at times I can spot a potentially winning issue, but can't seem to find an outfit like I I to partner up with, that has the resources to bring cases to the Supreme Court.

Similarly, at times I've been able to see that cases were going to lose, and do damage to the overall movement, without being able to stop it. I was aware Citizens United had a problem with their disclosure argument, and the result was an 8-1 adverse decision on the disclosure issues of CU.

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