Supreme Court Eviscerates Campaign Finance Restrictions

Flickr/<a href="http://www.flickr.com/photos/aresauburnphotos/2678453389/">aresauburn</a> (<a href="http://www.creativecommons.org">Creative Commons</a>).

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


Just when liberals thought their week couldn’t get any worse, the Supreme Court decided to gut campaign finance restrictions. The Court’s 5-4 decision in Citizens United v. FEC., issued Thursday morning, opens the floodgates for unlimited corporate spending in elections. The ruling is just as bad for campaign finance reformers as they have long feared. Until Thursday, corporations and unions were prohibited from getting directly involved in elections. Now ExxonMobil can theoretically run ads urging voters to support Sarah Palin’s 2012 presidential campaign, and the AFL-CIO can run ads urging people to re-elect Barack Obama. “It’s like 100 years of precedent being overruled,” CNN’s senior legal analyst, Jeffrey Toobin, said on air shortly after the decision came out.

The decision follows the basic argument that has dogged most campaign finance laws that have faced court review: since longstanding court precedent says that corporations are legally people, deserving equal protection under the 14th Amendment, they must be accorded the right to free speech. The Court’s conservatives also believe that spending money in elections is a fundamental free speech right; thus, the government cannot restrict corporate spending in elections.

In the first paragraph of his 90-page dissent (joined in part by Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer), Justice John Paul Stevens accuses the conservative majority of going out of its way to “rewrite the law relating to campaign expenditures by for-profit corporations and unions.” Stevens goes on to directly challenge “the conceit that corporations must be treated identically to natural persons in the political sphere,” calling it “not only inaccurate but also inadequate to justify the Court’s disposition of this case.”

Stevens’ move to challenge the notion of corporate personhood—even indirectly—is radical. The entire edifice of American business law rests on the presumption that corporations deserve equal protection under the laws. But the majority’s decision is also groundbreaking. While it follows the contours of previous decisions, it is a far cry from the “judicial modesty” that Chief Justice John Roberts promised when he first took his place on the Court. The liberal justices on the court would almost certainly have been happy to join in a narrow decision on just the issue at hand—whether Citizens United, a political action committee, could spend its funds to televise an anti-Hillary Clinton screed, “Hillary: The Movie,” in the 30 days before last years’ primary election. The conservatives decided not to go that route. As David points out, this means that Roberts and the conservatives can no longer avoid the label of “activist” judges. They’ve turned the political system upside-down.

More Mother Jones reporting on Dark Money

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate