Arizona's election law: Will the Supreme Court side with the rich?

An Arizona law that gives public money to political candidates who forswear private funding may be overturned

On Monday, the Supreme Court is considering a challenge to an Arizona law that helps publicly financed candidates keep pace with privately financed rivals.
(Image credit: CC BY: Brittany Hogan)

In the biggest campaign finance case since 2010's landmark Citizens United ruling, which removed campaign spending limits for corporations, the Supreme Court is hearing a challenge to Arizona's public financing system on Monday. At issue is whether Arizona's law — which automatically boosts the amount given to publicly financed candidates when their privately financed rivals spend more — quashes the First Amendment rights of the self-funded candidates. Will the Roberts Court once again side with the deep pocketed?

Wealth will win... again: In last year's Citizens United ruling, the Supreme Court offered a "'more speech is better' mantra," suggesting that corporations, just like individuals, exercise their First Amendment rights through campaign spending, says Richard Hasen in Slate. So it might seem logical to expect that the court would back Arizona's public financing system, which tries to protect the First Amendment rights of candidates who would otherwise be outspent. But the court's five conservatives will almost certainly hand down a "'more speech is unfair' ruling this time," because "they have no problem with the wealthy using their resources to win elections."

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