Supreme Court Blocks Montana Campaign Finance Ban

The U.S. Supreme Court has blocked the Montana Supreme Court's decision in December upholding the state's century-old ban on corporate political spending.

The ruling Friday evening sets up a possible full-blown U.S. Supreme Court rematch over the 2010 Citizens United decision that allowed unlimited corporate campaign spending. It came in response to an application submitted last week by American Tradition Partnership, a conservative interest group that says it fights "the radical environmentalist agenda," and two companies, seeking to have Montana's ban struck down. A five-member majority of the U.S. Supreme Court in Citizens United declared that corporations' independent spending in elections does not corrupt -- or even appear to corrupt -- the political process.

The Montana Supreme Court held that the state's history of corrupting corporate influence in politics, as well as the relative ease with which corporations may currently make expenditures through political action committees, distinguish the state's Corrupt Practices Act from the provisions of the federal McCain-Feingold Act that the U.S. high court struck down in Citizens United.

American Tradition asked the court to treat its application the same as a petition asking to reverse the Montana Supreme Court without additional briefing or argument. The justices, however, stayed the case "pending the timely filing and disposition of a petition" for a merits determination. That means American Tradition now has to return to the court with a more complete request for the justices' review.

Justice Ruth Bader Ginsburg, joined by Justice Stephen Breyer, welcomed the opportunity for the court to revisit, and potentially reverse, Citizens United. "Montana's experience, and experience elsewhere since this court's decision" in Citizens United "make it exceedingly difficult to maintain that independent expenditures by corporations 'do not give rise to corruption or the appearance of corruption,'" Ginsburg wrote in a statement accompanying the stay order. "A petition for certiorari will give the court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates' allegiance, Citizens United should continue to hold sway."

Justices Ginsburg and Breyer joined Justice John Paul Stevens's 90-page dissent in Citizens United. Justice Sonia Sotomayor did as well, but she and Justice Elena Kagan -- Stevens's successor -- did not join Ginsburg's statement.

American Tradition now has until the end of March to formally ask for the court's review. If it fails to do so, the Montana Supreme Court decision stands.

Montana Attorney General Steve Bullock said in a statement:

"While I’m disappointed that for the first time in 100 years Montanans won’t be able to rely on our corporate spending ban to safeguard the integrity of our elections, I am encouraged that the Supreme Court will give this careful consideration and I look forward to continuing to fight for Montana in defending our century-old law.”

“For more than a century, anyone has been able to participate in Montana elections -- even out-of-state corporate executives. All we required is that they used their own money, not that of their stockholders, and they disclosed who they are.”

The case is American Tradition Partnership v. Bullock.

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Comments

[CurtisNeeley]

04:25 PM on 02/21/2012

2123

[CurtisNeeley]

04:39 PM on 02/21/2012

The United States has evolved into United Corporations.
Corporations are not people yet are treated that way by the law.
The Copy[rite] Act of 1790 has never protected the INDIVIDUAL human rights of an author or inventor as alleged in 1787 in the Constitution.
The Communications Act of 1934 has not been followed since wire
communications transitioned from telegraph machines connected to wires to be computers and televisions connected to wired now called cable subscriptions or internet for disguise.
These two obvious errors of law are sought addressed in the Eighth Circuit Court of Appeals for an en banc rehearing that you may also read and ignore freely from http://www.curtisneeley.com/3881295-petition-for-rehearin-enbanc.pdf or for .08/page from the 8th Circuit Court.
https://ecf.ca8.uscourts.gov/docs1/00801855197

[sean alphonse]

09:38 AM on 02/21/2012

It's getting harder and harder to tell the difference between the Mullahs that run Iran and the U.S. Supreme Court. Allahu Akbar.

[marymeade2]

10:32 AM on 02/21/2012

No offense (snark) but, you are an afront to every American and a stain on America for saying this.

[sean alphonse]

10:15 AM on 02/28/2012

Ouch. I like liberty, too. But can't you admit that multinationals own Congress and the Court? You're not one of the owners, are you?

[tacevad]

08:13 AM on 02/21/2012

overturning Citizen's United is one of the major reasons Free American citizens should NOT vote Republican, the coming 4 years will most likely see at least two vacancies on the Supreme Court. Electing a Republican President assures he/she will nominate yet another hard right Justice and electing a Republican majority in either house only increases the opportunity to adversely influence America's future for many years to come (if we even can survive as anything resembling the America we know.)

[marymeade2]

10:31 AM on 02/21/2012

I am all for a Republican President being elected, just so we do get a true "originalist" on the bench. If our Justices of the highest court in the land do not appreciate our Constitution as written, or find the Constitution to be nothing but an antiquated piece of paper and prefers a constitution modeled after another nation, they should not be on the bench. Social activism is not tolerable and should never be tolerated by any American.

The America I know is a Republic where our rights are upheld and protected, not stomped on by some liberal imposing their socialism on me.

[tacevad]

01:17 PM on 02/21/2012

ROTFLOL Activism thy name is Roberts

[R Mesey]

01:11 PM on 02/21/2012

First thoughts when reading term limits is, yes it makes sense, but by giving some time to percolate in my head, I wonder, if it's as good as first thought. I wonder where we will find the men or women willing to donate their time and energy to run in a primary and if chosen run in a general election. Finding qualified people may be as hard, if not harder, than the republicans are having now finding a competent person to run for President, and then every 2 or three years were doing it all over again. I like public funded of elections but will the Supreme Court allow for mandatory funding?
One thing is for sure we need to come up with a plan that stops big money and big Corporations from buying elections, not just at the national level but also at the local levels.

[Gaylord P Farqua]

08:06 AM on 02/21/2012

The only way to cure the eBay election process we have created is the public finance of elections, term limitations of two for the Senate and three for the House and a prohibition on any elected official or their staff from lobbying once they leave office for, say, ten years. Until we take the re-election obsession out of the process and the need for massive amounts of money  things will only get worse. The Citizens Untied decision by the Roberts Corporate Court is a prime building block to an oligarchy even more powerful than the one we have. If Romney and the TPGOP are successful in the next election they will destroy the Republic as we know it and turn it into a corporate state openly ruled by the 1%.

[vicla1942]

02:47 AM on 02/21/2012

This court is a national disgrace.Thomas and Scalia should '
resign.They have taken gifts and speaker fees, using their
office to profit themselves.

[bigprogressivejohn]

02:13 AM on 02/21/2012

Woo-Hoo! How can they not see the enormous harm and corruption that Citizens United has caused in such a short time. And the fact that it will get only worse is a cinch. Even people like McCain are speaking out against it.

[marymeade2]

10:36 AM on 02/21/2012

Do you know why McCain is speaking out against it?

[ktomas]

02:12 AM on 02/21/2012

The Roberts Kangaroo Supreme Court sure are making it easy to secure 'rights' for corporations over US citizens.

[demotom]

01:04 AM on 02/21/2012

Chief Justice John Roberts and the conservative members of the Supreme Court should be brought up on charges of treason against the United States for their majority decision in the Citizens United case. That decision opened up our election process to foreign control through the vehicle of unlimited anonymous contributions designed to destroy our election process, and hence, our way of life. With their decision they have sold our constitutional rights to those whose goals are not in keeping with the goals required to sustain democracy.

[NoGoNuts]

11:24 PM on 02/20/2012

"American Tradition"?

Really? American tradition? I don't see any connection to the traditions of our country. Maybe, "American Power/Money Mongers", but not the former.

[bigprogressivejohn]

02:09 AM on 02/21/2012

It's the "New American Tradition" Greed. Coming to you thanks to Ronald Reagan, Frank Luntz and their band, the Self-servers.

[hgus]

11:01 PM on 02/20/2012

I'm sure that the right wingers are all over this board screaming about "states rights".

Oh, never mind.

[jetjocki]

12:04 AM on 02/21/2012

So I assume you are fully supportive of the Montana FFA, or are you just going to be hypocritical depending on the topic of the day?

[hgus]

12:11 AM on 02/21/2012

What are you talking about? I am not one who argues for creating 50 independent agencies, with 50 leaders, 50 different procurement offices, 50 different sets of laws and then argue that is effecient.

No company in the world would say- Let give the authority to the local branches.

What did i say that was Hypocritical?

[liberalntex]

10:52 PM on 02/20/2012

After 30 years of Blue Dog Democrats working with Far-Right Republicans, this Nation functions more like an Absolute Monarchy than it does a Democratically Elected Democracy.

The United States Supreme Court is controlled by the 1&er's under the leadership of Chief Justice Pretty Face.

Corporate Power is unprecedented in Government while the Fox News Republicans/Libertarians/Conservative Christians&Tea Baggetts cry Government Is Vast And Over Reaching.

ABSOLUTE MONARCHY. . . . IT'S BACCCCCCCCCCCCCKKKKKKKKKKKK !!!!

[marymeade2]

10:41 AM on 02/21/2012

First of all, The United States of America is not a Democratically Elected Democracy. The United States is a Democratic Republic, where we hold free elections and we the people vote for our Representatives. To say we resemble an Absolute Monarchy leads me to believe you don't even know what a Monarchy is, let alone an Absolute one.

You are so over the top in hysteria, you've fried your brain.

[liberalntex]

10:38 PM on 02/21/2012

It's real simple Marymeade2, you right out a check to a P.R. Firm/Lobbyist and they get WHAT EVER YOU WANT from Government.

So, in stead of the United State's functioning like a DEMOCRATIC REPUBLIC it functions like an Absolute Monarchy in which the top 1% rule the country the the Majority.

If you're are smart enough to correct me on the United States being a Republic then you are smart enough to know full well that CEO are new Duke of the mid centuries Europe.

[marymeade2]

09:36 AM on 02/23/2012

I don't believe we are anywhere near an Absolute Monarchy. I don't know why your reply to mine was deleted, but, I'm going to answer it here.

1. The Koch Brothers do not want the top 1% to rule.
2. Who said anything about total deregulation? You've run amuck in your thinkiing.

You may want to delve deeper into the 1%. I think you forgot to mention George Soros. I believe he is wealthier than the Koch Brothers and he has been instrumental in pushing for socialism in this country.

[Louis Sipher]

09:39 PM on 02/20/2012

Marbury v. Madison was just ruined.

[Martampa]

09:34 PM on 02/20/2012

Why can't these judges be impeached? With lifetime appointments they are beyond anybodies control.

[kalidescopemind]

09:59 AM on 02/21/2012

They CAN!

[stepintothelight]

09:07 PM on 02/20/2012

I don't know anyone anyone from either side of the political fence who thinks Citizens United is a good idea!!!

[anothermoderate]

09:57 PM on 02/20/2012

Look in the mud & slime under the fence.

[hgus]

11:03 PM on 02/20/2012

Now. Before Newt and Santorum found their sugar daddies the GOP was loving this ruling!

[Wide Stance]

08:54 PM on 02/20/2012

Judicial activism.