The case is Citizens United vs. Federal Election Commission. Looks like a bit of a judicial trainwreck, much like McConnell v. FEC was, but the good news is we’re rid of many of the restrictions, including restrictions on independent corporate expenditures, which would apply to groups like the National Rifle Association. So this is a positive development for us in the Second Amendment community.
For some expert opinion on the matter, see SCOTUSBlog, Volokh, and the Election Law Blog.
4 thoughts on “Campaign Finance Decision Out”
Not a trainwreck; just long opinions. The decision is not splintered. Justice Kennedy’s opinion speaks, in its entirety, for a majority of the Court. It controls on all issues.
The four liberals dissented from the majority’s overruling of Austin and (much of) McConnell. There were five votes to overrule those cases, so that’s a majority.
Justice Thomas dissented, alone, from the refusal to strike down the disclosure requirements as well. Eight Justices thought the disclosure requirements were constitutional, so that’s a majority.
The section on how to determine when to abandon stare decisis is encouraging. I think. I am not a lawyer.
Especially this from Robert’s concurrence:
“When considering whether to reexamine a prior erroneous holding, we must balance the importanceof having constitutional questions decided against the importance of having them decided right.”
That’s rather promising for McDonald
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