How Karl Rove Took Over the Alabama Supreme Court and Created a ‘No Win Zone’ for Citizens

I suggest reading the whole article at the following link:

http://blog.locustfork.net/2012/10/how-karl-rove-took-over-the-alabama-supreme-court-and-created-a-no-win-zone-for-citizens/

October 23rd, 2012

by Glynn Wilson

How did Karl “Turd Blossom” Rove, the adopted son of a gay man with pierced balls and a drunk, drug addict mother, become such a powerful and destructive force in American politics?

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Now, according to all the available evidence, including the reporting in Craig Unger’s book Boss Rove: Inside Karl Rove’s Secret Kingdom of Power, Rove sits on the largest political war chest in human history. He has usurped the National Republican Party’s fund raising authority. He’s using millions of dollars from billionaire donors to try to help Massachusetts Mormon Mitt Romney unseat President Barack Obama from the White House, and he’s now allowed to do it in a totally unaccountable way due to the conservative majority on the U.S. Supreme Court’s controversial ruling in Citizens United vs. the Federal Election Commission.

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How Rove Ran Mark Kennedy Off the Supreme Court

Kennedy was the first state Supreme Court Justice targeted by Karl Rove, who came to work for a University of Alabama Law School professor named Harold See at the behest of the Business Council of Alabama, run by Bill Canary who had worked as a political operative for George H.W. Bush.

Kennedy actually beat Rove and his candidate in that first race, barely, but he was so shaken by the dirty campaign tactics that he decided not to seek another term and face Rove again in 1998. He retired, but finally agreed in 2010 to get back into politics as head of the Alabama Democratic Party.

I caught up with him at an AFL-CIO convention in Prattville last fall and got him to tell me the story of what Karl Rove did to him. You can see the interview in the video above.

Before being elected to the state Supreme Court, Kennedy served as a juvenile judge and family-court judge, where he saw the negative plight of abused children who ended up in the justice system. In light of his experiences, he helped start the Children’s Trust Fund of Alabama and later the Corporate Foundation for Children and served as president of the National Committee to Prevent Child Abuse and Neglect. Kennedy’s campaign commercials showed his volunteer work, and included pictures of him holding hands with children he had helped.

Rove took those innocent pictures and, in the early days of the Internet, got Republican operatives at the University of Alabama Law School and the secretive, conservative Federalist Society to e-mail around an attack ad claiming Kennedy was a gay pedofile. It was not unlike the “whispering campaign” he used in Texas to get Bush elected over Ann Richards, who he accused of being a lesbian in similar fashion.

“Karl Rove is a expert at turning what you believe to be your strongest suit into being your worst nightmare, kind of like the Swiftboat ads,” Kennedy said. “He accused me of being a pedofile.”

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Rove also exaggerated the issue of large jury awards and turned “tort reform” into a campaign issue, accusing judges like Kennedy of being “too liberal” and guilty of “jackpot justice.” With that strategy, he managed to take over the Texas and Alabama appellate court systems by getting pro-big business Republicans elected. Over time the Alabama Supreme Court and the Court of Civil Appeals became a “no win zone” for any average Alabamian seeking justice for a grievance against any corporate entity that wronged them. Big insurance companies loved this, so they chipped in millions to Rove’s campaigns after that and still support him to this day in a big way.

While it is clear that even if there was an imbalance in the court system in favor of juries granting too much to defendants in trials in those days, the pendulum has swung way too far back in the other direction, and nobody in the mainstream media is telling that story.

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You could research the court dockets in this state and find hundreds of cases like this where justice was clearly not done. But this one is so strange it deserves special attention.

In this case, not only did the justices throw out the jury verdict and the award for damages. They actually set a precedent that unless reversed soon will result in thousands of unnecessary deaths by unaccountable doctors and hospitals. Here again, the University of Alabama plays a critical role in this part of the saga.

The Montgomery hospital had entered into a management agreement with the university on paper to handle some of the accounting due to some financial problems they were having, and as a result, the Supreme Court ruled that the hospital was a legal entity of the state and could not be sued under an old English Common Law tenant known as “Sovereign Immunity.” You could not sue the King in a Monarchy, and under certain circumstances, you can’t sue the state even today.

But somehow I doubt that even those who wrote the language for the English law would have envisioned a day when sovereign immunity would cover a private, for profit hospital owned by a church.

The court vacated a $3.2 million jury verdict in favor of the family of Lauree Durden Ellison. She died Nov. 8, 2005, after a stay at Baptist Medical Center East in Montgomery. She developed a staff infection from the hospital, but the church-state hospital administrators refused further treatment and denied liability or responsibility.

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Then-Chief Justice Sue Bell Cobb, the one Democrat on the court at the time who dissented in the case, said although Baptist Health retains an interest in its assets that are managed by the UAB health care authority, the court’s decision means the hospital is no longer “legally responsible for the harm that may be caused by its negligence.”

“Shouldn’t a hospital be responsible if they cut the wrong leg off?” Ms. Shiver asks. “It gives them license to be negligent.”

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Of course many doctors, hospitals, their PACs and their insurance carriers give millions of dollars in campaign contributions every year, mostly to Republicans.

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In addition, Lienthall added, most states have a tort claims act on the books where state entities can be held liable. But not in Alabama, he said, which is still operating under an outdated constitution written in 1901, updated in election years by constitutional amendments placed on the ballot at election time — and by judges. Those judges are elected as partisans who must raise millions in campaign contributions to get elected to jobs that qualify them for state retirement benefits — subsidized by the taxpayers, citizens who no longer possess full citizenship since they have no right to sue for damages or render judgements against corporations from the jury box.

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