Scalia, one of corporate America’s biggest friends on SCOTUS, just killed corporate personhood

Scalia Kills Corporate Personhood
By: emptywheel Wednesday January 5, 2011 10:30 am

.....................

Eli alluded to this in his post on Antonin Scalia’s claim that women and gays are not included under the 14th Amendment, but I wanted to expand on it.

Scalia, one of corporate America’s biggest friends on SCOTUS, just killed corporate personhood.

What other conclusion can you draw after reading Scalia’s assertion that the 14th Amendment only applies to slaves and not women or gays or–he doesn’t say it but it would follow logically–corporations?



SCALIA: In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?

Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.

MORE:
http://emptywheel.firedoglake.com/2011/01/05/scalia-kills-corporate-personhood/

need to have the SS revisit Citizens United

the Schutzstaffel?

(Or am I being too obscure here?)

He is pretty stubbornly attached to the First Amendment, not so much the second, despises the Fourth and Fifth, and barely understands the 13th, 14th and 15th, and would rather dress up the 19th in a black garter belt and take it to an orgy than respect its letter and intent.

He is all over the place.