Mitch McConnell’s SCOTUS Case


Senate Minority Leader Mitch McConnell has a big day ahead tomorrow when the U.S. Supreme Court hears oral arguments in Citizens United v. FEC, a case that could result in the death of corporate spending restrictions in federal elections. McConnell, the nation’s number one Republican, has been seldom seen during the August health care reform debate (see our new story here), but he’s been a relentless foe of campaign finance reform over the years. Represented by the famous First Amendment lawyer Floyd Abrams, McConnell has filed a brief in the case supporting Citizens United, and tomorrow the court will likely discuss a precedent that carries McConnell’s name.

In one of his many attempts to derail the McCain-Feingold campaign finance reform bill, McConnell sued the FEC in 2002 arguing that the act was a violation of his First Amendment right to take gobs of corporate money to get elected. McConnell, a prolific Republican fundraiser, lost that case by a narrow margin, but the composition of the court has changed significantly since then, giving him much better odds in his current crusade. While the Republican leader might not lead his party to victory against health care reform, his Supreme Court advocacy may soon usher in a new era of corporate dominance of federal elections—a development that could have significant benefits for his party in the long run.

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