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E.J. Dionne Jr.: Whose Supreme Court Is It?

[E.J. Dionne’s e-mail address is ejdionne(at)washpost.com.]

This week’s hearings over Elena Kagan’s nomination to the Supreme Court will mark a sea change in the way liberals argue about the judiciary.

Democratic senators are planning to put the right of citizens to challenge corporate power at the center of their critique of activist conservative judging, offering a case that has not been fully aired since the days of the great Progressive Era Justice Louis Brandeis.

It was Brandeis who warned against the “concentration of economic power” and observed that “so-called private corporations are sometimes able to dominate the state.”...
Read entire article at Truthdig