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.
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
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published