Tahlequah Daily Press

Letters to editor

July 5, 2011

Activism run amok?

TAHLEQUAH — Editor: Daily Press

In the past five or six years, I have heard a lot of critical comments about “judicial activism.” I have heard few negative comments in the past few months as the Supreme Court has displayed an amazing amount of judicial activism in their 5-4 decisions.

The 5-to-4 decision on the Citizens United case is an example. Years of precedents and decisions, as well as laws passed by Congress (such as McCain-Feingold) were ignored. The court seemed driven to provide “government of the corporations, for the corporations and by the corporations.”

The court has struck down any limitations not only on the amount of money that corporations can contribute to a campaign, but also that any identification of these fiscal resources may remain hidden. All this under the fiction that a corporation enjoys “freedom of speech,” which I believe was an individual right under the Bill of Rights. Now the court is striking down state laws that limit the amount of money candidates can spend in an election. (No limitation on where the money comes from.)

In the Walmart vs. Dukes case, the court has decided there is not a “class” of workers when a group of female employees sued claiming that they had not been given access to promotions and pay equal to that of male employees in similar jobs. The court has decided gender is not a class?

There have been a number of 5-4 decisions restricting individuals’ rights and limiting people’s rights in comparison to the rights of corporate entities. Is this the mission of the Rule of Law – to give big business an additional benefit over the customers?

 That is not the role of the Rule of Law as I understood it.

Jeannette Wilson


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