In the early hours of
Election Day, before dawn reaches the nation’s capital, Justice Anthony Kennedy
is suddenly awakened by someone standing next to his bed.
“Get out of here or I’ll
call the cops!” the Justice shouts.
“Don’t get bent out of
shape,” says the ghost-like figure.
“Who are you?” demands the
Justice.
“I am the ghost of
Election Day Past.”
“Heavens!” cries the
Justice. “Why are you here?”
The ghost does not answer
but beckons the Justice to follow him.
He leads the Justice to
Sacramento, California, the city where he grew up. The day is Election Day,
1957, the first time the youthful Anthony has ever voted.
“I look so happy,” the
Justice says, his eyes welling up with tears. “Everyone does.”
“It was a time when people
were eager to vote, a time when Election Day was a joyful occasion,” says the
ghost. “A time before all the corruption.”
The ghost glowers at the
Justice. “The corruption brought on by your decision in ‘Citizen’s United versus Federal
Election Commission,' the ghost snaps. “You wrote the opinion that
four of your fellow justices joined. It opened the floodgates to big money in
elections.”
“I don’t understand…” the
Justice cries.
“You decided that corporations
are people under the First Amendment, and that independent campaign
expenditures, even when made by giant corporations, don’t give rise to
corruption or even the appearance of corruption,” the ghost says. “How could
you have been so naïve?”
The ghost suddenly
vanishes, and the Justice is back in his bed, trembling. He tries to calm
himself. “Just a bad dream,” he says.
Moments later another
ghost arrives.
“Who are you?” the Justice
pleads.
“I am Election Day
Present,” says the apparition, and you must come with me.
The ghost leads the
Justice to a television set where he is forced to watch five straight hours of
negative political advertising.
“Please stop! I can’t bear
it!” cries the Justice. “Who is responsible for this?”
“No one knows. They don’t
have to identify themselves,” says the ghost. “You wrote in ‘Citizens United’ that Congress would pass a law
requiring disclosure of the sources of all campaign funds. But of course it
didn’t.”
“But I … I … thought …”
the Justice stammers.
The ghost towers over the
Justice. “You should have known!” he shouts, and then vanishes as suddenly as
the first ghost, leaving the Justice back in his bed.
“Oh help,” Justice Kennedy
groans. “I’m having a very bad night.”
Moments later, two
apparitions appear. They are very old and very ugly.
“Who are you?” the Justice
cries, pulling his blanket over his head.
“We are Election Day
Future,” say the two in unison. “Come with us.”
“Must I?” whispers the
Justice.
The ghosts nod their
heads, and lead the Justice into a palatial room in which a dozen people are
loudly partying.
“Who are these people?”
asks the Justice.
“The billionaires who now
own America. They make all the decisions.”
“What … happened?” the
Justice asks meekly.
“‘Citizen’s United,’
allowed a few giant corporations, Wall Street banks, and very wealthy people to
buy American democracy. And once they bought it, there was no longer any need
for Election Day. That’s why they party every year on this day.”
“Oh, no,” says the
Justice, and he begins to weep.
“By the way,” say the
ghosts in unison, “let us introduce ourselves. Charles and David Koch.” They
shake the Justice’s hand, and then vanish.
Justice Kennedy is back in
his bed, just as the morning light is beginning to peep through the curtains.
It’s Election Day, 2014.
The Justice is overwhelmed with joy. He puts on his best suit, and goes to
vote.
“Hello!” he happily shouts
to everyone he sees at the polling place. “Isn’t Election Day wonderful?”
Then Justice Kennedy
hurries to his office in the Supreme Court building where he meets with his law
clerks.
“I’ve made a very
important decision,” he says. “I’m going to join with the four dissenters to
‘Citizens United’, and we’re going to reverse that horrific case. ”
His clerks have never seen
the Justice so overjoyed.
“I want each of you to
take the rest of the day off, and be sure to vote!” he beams. Then he heads for
the door and clicks his heels, before leaving for home. “Happy Election Day!”
he shouts.
ROBERT B.
REICH, Chancellor’s Professor of Public Policy at the University of California
at Berkeley and Senior Fellow at the Blum Center for Developing Economies, was
Secretary of Labor in the Clinton administration. Time Magazine named him one
of the ten most effective cabinet secretaries of the twentieth century. He has
written thirteen books, including the best sellers “Aftershock" and “The
Work of Nations." His latest, "Beyond Outrage," is now out in
paperback. He is also a founding editor of the American Prospect magazine and
chairman of Common Cause. His new film, "Inequality for All," is now
available on Netflix, iTunes, DVD, and On Demand.