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Thursday, September 17, 2009
Courts - "Is Sotomayor’s ‘Corporations Aren’t People’ Comment a Harbinger?"
This is really interesting. Ashby Jones has this entry today on the WSJ Law Blog. Here is a snippet:
The issue largely concerns a comment Sotomayor made last week during the Citizen’s United case. During arguments in the case, the court’s majority conservatives seemed persuaded that corporations have broad First Amendment rights and that recent precedents upholding limits on corporate political spending should be overruled.But Justice Sotomayor suggested the majority might have it all wrong — and that instead the court should reconsider the 19th century rulings that first afforded corporations the same rights people have.
Judges “created corporations as persons, gave birth to corporations as persons,” she said. “There could be an argument made that that was the court’s error to start with…[imbuing] a creature of state law with human characteristics.”
Posted by Marcia Oddi on September 17, 2009 10:20 AM
Posted to Courts in general