Rep. Winkler, founder of the ACS Minneapolis lawyer chapter, said the high court "tilts in favor of big money," and Sen. Franken should be applauded for saying so.
In particular, Winkler takes to task Washington Post columnist, and former George W. Bush speechwriter Michael Gerson for attacking Franken's speech, which was given at the opening of the 2010 ACS National Convention.
Gerson's column attacking Sen. Franken's recent speech to the American Constitution Society (‘Franken out of order,' June 23) shows just how afraid of the truth corporate judicial activists (and their apologists) have become.
Franken showed that the court, under Chief Justice John Roberts, has a conservative majority that consistently sides with corporate interests. In fact, the only consistent principal the Roberts court seems to follow is that big money always wins.
During his opening remarks at the Kagan confirmation hearings, Franken hit upon the themes of his ACS speech.
Now, last year, I used my time during these hearings to highlight what I think is one of the most serious threats to our Constitution and to the rights it guarantees the American people: the activism of the Roberts Court.
I noted that for years, conservatives running for the Senate have made it almost an article of faith that they won't vote for activist judges who make law from the bench. And when asked to name a model justice, they would often cite Justice Thomas, who I noted has voted to overturn more federal laws than Justices Stevens and Breyer combined. In recent cycles, they would name Chief Justice Roberts.
Well, I think we established very convincingly during the Sotomayor hearings that there is such a thing as judicial activism. There is such a thing as legislating from the bench.
And it is practiced repeatedly by the Roberts Court, where it has cut in only one direction: in favor of the powerful corporate interests, and against the rights of individual Americans.