Should the Supreme Court revisit Citizens United?
This week, the court declined to reargue its landmark ruling on campaign finance, even though elections across the country are awash in outside money
This week, the Supreme Court cursorily voided a 100-year-old Montana law that limited campaign spending by corporations. Montana's highest court had recently publicly backed the law, despite the Supreme Court's 2010 Citizens United decision, which allowed companies and unions to spend unlimited amounts of money in campaigns and helped give rise to the dominance of the super PAC. But the Supreme Court quashed Montana's renegade move. In an unsigned opinion, the Supreme Court's conservatives said that, in light of Citizens United, Montana's campaign law was clearly a violation of free speech rights. Liberal Justice Stephen Breyer penned a dissent contending that the recent flood of campaign cash should cast doubt on a principal supposition of Citizens United — that independent expenditures by corporations do not "corrupt or appear to do so." Should the court reconsider Citizens United?
No. Free speech is a sacred right: The "short but sweet" message from the Supreme Court is clear, says The Wall Street Journal in an editorial: We're serious about protecting the First Amendment. Liberals have preposterously "begun to treat Citizens United as the moral equivalent of Dred Scott," the 1857 case that denied constitutional protections to black slaves. But the truth is that Citizens United "hasn't led to the corruption that liberals predicted." Instead, "it has produced more competitive elections and a more robust political debate."
"Supreme Court majority united"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Yes. Citizens United is a travesty: The court should have "used the Montana case to revisit their decision and rein in its disastrous effects," says The New York Times in an editorial. Citizens United led to "$300 million in outside spending that deluged the 2010 congressional elections," and reports show that Republican candidates alone will receive $1 billion in outside funding this year, "overwhelming the competition." Even worse, "many of the biggest donations are secret, given to tax-free advocacy groups." The Supreme Court "has chosen to turn its back as elections are bought by the biggest check writers."
And most Americans hate it: Polls show that most Americans "still hate the result in Citizens United as much as ever," says Dahlia Lithwick at Slate. "They connect [the court's decision] directly to what they see as the flood of big money in this election from donors like Sheldon Adelson," the casino magnate who has promised $10 million and more to help Mitt Romney get elected. Citizens United has had the "unanticipated effect of uniting American citizens against the court."
"The court's conservatives don't care how much you hate Citizens United"
Read more political coverage at The Week's 2012 Election Center.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Today's political cartoons - April 21, 2024
Cartoons Sunday's cartoons - devilish decrees, biblical blunders, and more
By The Week US Published
-
5 carefully selected cartoons about the Trump-Daniels jury selection process
Cartoons Artists take on a stress-free life, rare peers, and more
By The Week US Published
-
Loire Valley Lodges review: sleep, feast and revive in treetop luxury
The Week Recommends Forest hideaway offers chance to relax and reset in Michelin key-winning comfort
By Julia O'Driscoll, The Week UK Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published