I guess this is a week for big changes in American politics:
Sweeping aside a century-old understanding and overruling two important precedents, a bitterly divided Supreme Court on Thursday ruled that the government may not ban political spending by corporations in candidate elections.
….The 5-to-4 decision was a doctrinal earthquake but also a political and practical one. Specialists in campaign finance law said they expected the decision, which also applies to labor unions and other organizations, to reshape the way elections are conducted.
“If the First Amendment has any force,” Justice Anthony M. Kennedy wrote for the majority, which included the four members of its conservative wing, “it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”
I confess that I’ve become more sensitive to First Amendment concerns about the McCain-Feingold campaign finance law over the years. But treating corporations as mere “associations of citizens”? Color me skeptical. That’s just not what they are, and this is a decision that we’re probably going to live to regret. After all, it’s not as if lack of ability for corporations to influence the political process has historically been a major problem in the United States.
