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Transcript Of An Interview With The Five Conservative Justices About The Recent Corporate Free Speech Case.

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Lawrence Velvel
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SA: Well, as you know I'm generally pretty taciturn, although like Chief Justice Roberts, I opened up completely during my confirmation hearings. But, yes, we are going to greatly reduce or eliminate the rights of mere human people, those dummies. This has to be done slowly, on a case by case basis, however, so that people will come to accept the ineluctable logic of it. This is called good legal strategy, and here it is a sort of 1940s, 1950s and 1960s Thurgood Marshall strategy in reverse. First we rule that corporations have First Amendment rights because they have all the experts, all the knowledge, all the facts. Then we rule that corporations have the right to vote because, as we've said, they have all the experts, all the knowledge, all the facts. Then we rule that, for the same reason, corporations have the right to hold office. By this time people will have gotten used to and accepted the idea that corporations have all the smarts and human people do not, so we will then be able to rule, without an outcry, that human people do not have the rights to speak, vote, or hold office because they do not have the smarts, which was at least implicit in our prior opinions saying corporations have all the smarts. If anyone disagrees that it was implicit, we'll say they don't understand the prior cases. All this, as I say, is what lawyers and courts consider to be long term strategy.

As a matter of fact, if you inquire you will find that a strategy very like this was what was used by a Terry Haute lawyer named Bopp to get us to where we are today, when we have already ruled in favor of corporations, and was ultimately participated in by a guy named Bossie, who heads the organization in whose favor we held. I am not making this up. It's Bopp, as in bop human persons on the head, and Bossie, as in tell human persons what to do. Isn't that fitting? You couldn't make this up.

YR: Wow, your proposed legal strategy is purely brilliant. It is so thoughtful and well considered. Wow! I think I'll have a gallon of that amontillado.

But first let me ask this. The newspapers have said that Tom DeLay's lawyers think your decision may enable them to obtain dismissal of the prosecution against him, to get the case against him thrown out of court. Do you have any comment on that?

AS: From your mouth to God's ear.

Let me be clear: There should be no delay in throwing out the prosecution against DeLay. The case against DeLay should be tossed without delay. If this sounds like a contradiction, so be it. No delay for DeLay. He represents what was best about the right wing of the Republican Party in the 2000s.

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Lawrence R. Velvel is a cofounder and the Dean of the Massachusetts School of Law, and is the founder of the American College of History and Legal Studies.
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