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National Journal's Under the Influence

Thursday, January 21, 2010 10:29 AM

The Supreme Court issued a broad opinion today in Citizens United v. Federal Election Commission, disappointing advocates of campaign finance regulation.

It overruled two major precedents: Austin v. Michigan Chamber of Commerce, a 1990 decision that upheld laws banning corporations from spending treasury dollars to support or oppose candidates, as well as part of 2003's McConnell v. FEC, which upheld much of the Bipartisan Campaign Reform Act (McCain-Feingold). The Court upheld disclosure requirements, according to ScotusBlog. The 5-4 breakdown at the Court was predictable: Justices Stevens, Ginsburg, Sotomayor, and Breyer dissented. Justice Kennedy wrote the deciding opinion for the Court.

Court watchers will spend the next hour poring over the decision before jumping on their post-decision phone conferences. The opinion can be read here. Check back for updates and analysis.

If you've been sitting this one out, here's some background after the jump.

The Supreme Court originally set out last year to consider a campaign finance question that hardly seemed so major. The justices were to examine whether the FEC could use rules governing "electioneering communications" to limit how Citizens United could broadcast a movie that looked scathingly upon then-presidential candidate Hillary Clinton. The group planned to broadcast ads and on-demand showings of Hillary: The Movie during the election season.

Such a broadcast strategy would trigger restrictions on electioneering communication set up by the McCain-Feingold legislation known as the Bipartisan Campaign Reform Act, the FEC said. This decision prompted questions such as whether Citizens United's action rightfully triggered those restrictions and whether restrictions on electioneering communications are constitutionally valid.

Those might seem like niche questions, but when the squabble got to the Supreme Court, the justices broadened the scope of the case.

The Court said it wanted to examine not only a piece of a 2003 decision, McConnell v. FEC, that upheld the electioneering communication provision of BCRA, but also at a 1990 precedent, Austin v. Michigan Chamber of Commerce, which underpins rules limiting how corporations can spend on elections. Laws upheld by Austin prevent corporations from dipping into their own deep pockets --rather than those of their much smaller PACs-- to support or oppose candidates.

Advocates of campaign finance rules said that if the Court issues the broadest of decisions, overturning both Austin and part of McConnell, a new torrent of campaign ad spending will be unleashed as corporations spend without limit to impact elections. The court ruled about as broadly as it could today.

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The Supreme Court was wrong on the Citizens United decision. An analysis of how corporations are spending so much unreported money into politics instead of paying to hire people. Coporate executives are not elected by employees, unions directly elect their leaders. I say Chief Justice Roberts should be impeached.
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  this part is rather very intriguing" The justices were to examine whether the FEC could use rules governing "electioneering communications" to limit how Citizens United could broadcast a movie that looked scathingly upon then-presidential candidate Hillary Clinton. The group planned to broadcast ads and on-demand showings of Hillary: The Movie during the election season. Tenant Screening Services and Bankruptcy Information. Thank you

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Next up for the Roberts Court is the exclusionary rule.  To continue the metaphor, Roberts has wined and dined her, took at slight pass at her in Herring v. United States, but was rebuffed.  Now, with the increased mojo from his recent conquest, he’ll do the job.exchange rates
 

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The Court said it wanted to examine not only a piece of a 2003 decision, McConnell v. FEC, that upheld the electioneering communication provision of BCRA, but also at a 1990 precedent , gay cams Austin v. Michigan Chamber of Commerce, which underpins rules limiting how corporations can spend on elections. Laws upheld by Austinprevent corporations from dipping into their own deep pockets --rather than those of their much smaller PACs-- to support or oppose candidates.

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