I find the idea that the current Roberts court would issue a ruling reducing corruption a laughable proposition.
Roberts, Alito, and Thomas were part of the original majority in the Citizens United v. FEC decision, and I have a hard time believing more than one of Barrett, Kavanaugh, or Gorsuch would break ranks in a similar case.
But perhaps more importantly, several justices on the court have also since been revealed to have accepted undisclosed gifts (i.e., bribes) for decades (Thomas being the largest offender). Worse, the justices failed to recuse themselves from cases involving those who'd provided said gifts. Even worse, once the story broke about the undisclosed gifts, the Roberts court rejected the idea of independent ethics review for the court's members, insisting it could continue to be trusted to police itself despite the revelations of its own corruption.
Pretty bad these days the outcome of a court case will depend upon what political party will be put at a disadvantage. Even this article tryed to frame the case as "no political party will be disadvantaged".
Another, probably better method that avoids SCOTUS to overturn Citizen's United is going back to the source — the fact that states create corporations and specify their allowed activities — and amending state corporate-charter law to strip corporations of the enumerated power to spend on elections or ballot issues. AFAIK, bills are already in progress in Montana, Maine, and I just heard about one in Hawaii too.
In Citizens United Kennedy held that government can't regulate speech by identity, not just individual or corporate, but by any form of organization. A state cannot evade that decision by revising the form.
It was already considered unconstitutional to legislate based on the content of speech. Citizens United added the identity of the speaker.
the worth of speech “does not depend upon the identity of its source, whether corporation, association, union, or individual” -- https://supreme.justia.com/cases/federal/us/558/310/
I find the idea that the current Roberts court would issue a ruling reducing corruption a laughable proposition.
Roberts, Alito, and Thomas were part of the original majority in the Citizens United v. FEC decision, and I have a hard time believing more than one of Barrett, Kavanaugh, or Gorsuch would break ranks in a similar case.
But perhaps more importantly, several justices on the court have also since been revealed to have accepted undisclosed gifts (i.e., bribes) for decades (Thomas being the largest offender). Worse, the justices failed to recuse themselves from cases involving those who'd provided said gifts. Even worse, once the story broke about the undisclosed gifts, the Roberts court rejected the idea of independent ethics review for the court's members, insisting it could continue to be trusted to police itself despite the revelations of its own corruption.
The Roberts court is a very pro-corruption court.
This won't go anywhere. Too much influence at stake. The court will just decline.
Pretty bad these days the outcome of a court case will depend upon what political party will be put at a disadvantage. Even this article tryed to frame the case as "no political party will be disadvantaged".
There is no law in the US these days.
Another, probably better method that avoids SCOTUS to overturn Citizen's United is going back to the source — the fact that states create corporations and specify their allowed activities — and amending state corporate-charter law to strip corporations of the enumerated power to spend on elections or ballot issues. AFAIK, bills are already in progress in Montana, Maine, and I just heard about one in Hawaii too.
If anyone has more info, please post.
In Citizens United Kennedy held that government can't regulate speech by identity, not just individual or corporate, but by any form of organization. A state cannot evade that decision by revising the form.
It was already considered unconstitutional to legislate based on the content of speech. Citizens United added the identity of the speaker.