Published: Saturday 14 July 2012
“The data is expected to help shed light on dark money spending by outside groups as well as spending by campaigns.”

 

The National Association of Broadcasters, an industry group representing television stations around the country, is asking a court to block the implementation of a new rule that will put political ad information online before it goes into effect next month.

The Federal Communications Commission announced last week that the rule will go into effect Aug. 2. It will require affiliates of the four major networks in the nation’s top 50 markets to post on a new website data about who is buying political ads and how much they are paying, among other information. The data is expected to help shed light on dark money spending by outside groups as well as spending by campaigns. The information is already public but is only available on paper at stations.

In a motion filed Tuesday with the U.S. Court of Appeals for the District of Columbia, the broadcasters’ trade group said that if the new FCC rule goes into effect, broadcasters “will suffer irreparable harm … because the [rule] compels television stations to post the prices for specific advertisements to a public website immediately after the sales occur.” The motion also argues that the FCC has “engaged in arbitrary and capricious decision making by disregarding the competitive harm that is likely to result.”

The broadcasters have been fighting the new rule for the better part of a year, first mounting an aggressive lobbying effort before the FCC vote in April, then

Published: Saturday 9 June 2012
Americans’ diminishing respect for the Court can be heard on the right and left of our increasingly polarized political spectrum.

 

The public’s growing disdain of the Supreme Court increases the odds that a majority will uphold the constitutionality of Obamacare.

The latest New York Times CBS Poll shows just 44 percent of Americans approve the job the Supreme Court is doing. Fully three-quarters say justices’ decisions are sometimes influenced by their personal political views.

The trend is clearly downward. Approval of the Court reached 66 percent in the late 1980s, and by 2000 had slipped to around 50 percent.

As the Times points out, the decline may stem in part from Americans’ growing distrust in recent years of major institutions in general and the government in particular.

But it’s just as likely to reflect a sense that the Court is more political, especially after it divided in such partisan ways in the 5-4 decisions Bush v. Gore (which decided the 2000 presidential race) and Citizen’s United (which in 2010 opened the floodgates to unlimited campaign spending).

Americans’ diminishing respect for the Court can be heard on the right and left of our increasingly polarized political spectrum.

A few months ago, while a candidate for the Republican presidential nomination, Newt Gingrich stated that the political branches were “not bound” by the Supreme Court. Gingrich is known for making bizarre claims. The remarkable thing about this one was the silence with which it was greeted, not only by other Republican hopefuls but also by Democrats.

Last week I was on a left-leaning radio talk show whose host suddenly went on a riff about how the Constitution doesn’t really give the Supreme Court the power to overturn laws for being unconstitutional, and it shouldn’t have that power.

All this is deeply dangerous for the Court, and for our system of government.

Almost 225 years ago, Alexander Hamilton, writing in ...

Published: Sunday 20 May 2012
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