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Citizens United Revisited? Buckle Up, Chief Justice Roberts

Posted: 02/17/2012 10:29 am

On Friday night, the U.S. Supreme Court blocked the Montana Supreme Court's December, 2011 decision upholding the state's century-old ban on corporate political spending. The implications of this are huge, as it paves the way for a potential re-opening of the disastrous Citizens United decision that has spawned billionaire-sponsored super PACs. And if that happens, Chief Justice John Roberts better buckle up for a grassroots mobilization unlike any the court has seen in years.

Friday's decision was in response to a request by the American Tradition Partnership (ATP) to reverse the Montana ruling. ATP -- a conservative group that says it fights "the radical environmentalist agenda" -- has six weeks to formally ask the Supreme Court to review the case. If they don't, the Montana ban on corporate spending will stand. If they do, we'll likely see Citizens United revisited by the nine justices.

Since the Citizens United ruling over two years ago, millions of dollars have flowed from the super-rich and corporations to elect or defeat candidates. A handful of billionaires have manipulated election outcomes in a matter of days, buying vicious ads through super PACs that candidates pretend are independent from their own campaigns -- while their former colleagues and pals run those PACs. As Ari Berman reported in The Huffington Post, some 196 individual donors have provided nearly 80 percent of the money raised by super PACs in 2011 by giving $100,000 or more each. Secret donors using 501C4's have purchased 40 percent of total GOP primary ads with no disclosure of who is signing the checks.

The Supreme Court justified Citizens United by ruling that super PACs do not allow corruption or the appearance of corruption. Webster's dictionary defines corruption: "Impairment of integrity, virtue, or moral principle, inducement to wrong by improper or unlawful means (as bribery); a departure from the original or from what is pure or correct."

If our current campaign finance system isn't corrupt, what is? A handful of billionaires can decide who the next president will be. If our Supreme Court doesn't find that corrupt, or at least creating the appearance of corruption, then they are using a very different dictionary than the rest of America; one shape-shifted solely to consolidate power into the hands of the super-rich, the rest of us be damned.

From Occupy on the left to the Tea Party on the right, conservatives and liberals agree that crony capitalism is out of control, and is central to our nations myriad problems: banking, energy, jobs, health care... you name it. The people are mad as hell, and they're not going to take it any more.

And if the court takes up Citizens United again, you can be sure the American people won't sit quietly with their hands folded while the high court deliberates. They're going to shake the bars of the prison that our democracy has become, and demand a ruling that protects ordinary people, not plutocrats.

 
 
 
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07:39 PM on 04/02/2012
Professional activist, non-strategic propaganda discussed in the comments Here.
http://www.commondreams.org/view/2012/02/18-5?page=1#comment-2062746
12:42 AM on 02/23/2012
OK, I am ready to vote for that repub that wants to get rid of the supreme court.
02:54 PM on 02/20/2012
Polls show that voters mostly oppose the Supreme Court's Citizens United decision.
It is being reported that "the 196 individual donors who have provided nearly 80% of the money raised by super PACs in 2011" represent the the .0000063%. Citizens United was clearly a decision made by the elite for the elite. If the rest of us [all 99.9999937% of us] do not demand the reversal of Citizens United we will have effectively lost our democracy.
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Eris23Skidoo
Dischordian Keynesian
02:43 PM on 02/20/2012
And here I thought republicans were the champions of states' rights. I guess they only like states' rights when states' rights are a euphamism for reinstating slavery. Not when a state wants to do something on its own or buck the federal system, but really, only when states are trying to restart some kind of slavery system or some system that prevents black people from voting or working an honest job.
01:05 PM on 02/20/2012
Let's see what the conservative 5 justices will pull again. They're probably gonna put their justice rings in the air and say "Let our powers combine!"

Koch!
Murdoch!
Walton!

"By your money combined, I am Captain Conservative!" He's here to strike down whatever civil rights, protections, and advancements have been made since the gilded age.
11:32 AM on 02/20/2012
I hope you are right about Americans not sitting idly by if the Court takes this up again, but will it do so? I'm not so sure. No matter what happens people need to understand that a lot is at stake here and it goes deeper that super PACs. Corporate personhood, and indeed institutional personhood of any kind, is a threat to our democracy. One thing I have wondered is where the conservative states rights nuts are on this? Shouldn't Montana be allowed to make its own election financing laws? More here - http://ianpmf.tumblr.com/post/17946866681/ianpmf-montana-vs-the-supremes-states-rights
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AskandThink
OWS! Because WAR is HELL!
11:22 AM on 02/20/2012
Nice job Josh, thank you.
(And now I’m off to sharpen my pitchfork….)
; )
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AskandThink
OWS! Because WAR is HELL!
11:08 AM on 02/20/2012
Hmmmmmmmmmm….. just an FYI:

http://en.wikipedia.org/wiki/United_States_federal_judge

“Although the legal orthodoxy is that judges cannot be removed from office except by impeachment by the House of Representatives followed by conviction by the Senate, several legal scholars, including William Rehnquist, Saikrishna Prakash and Steven D. Smith, have argued that the Good Behaviour Clause may, in theory, permit removal by way of a writ of scire facias filed before a federal court, without resort to impeachment.”

So did I just read “Good Behavior Clause”….?!!!!
05:34 AM on 02/20/2012
The beauty of choosing this particular case to reconsider Citizens is that the State of Montana is a party. This means that the State can ask the SCOTUS point blank how it is that entities that they created are somehow then imbued with Federal constitutional rights. Stated another way, the State of Montana has the sovereign power to create or destroy these entities, but somehow cannot define the limits of their actions. It is nonsensical.

The US Constitution assumes that citizens are sovereign and have rights from their creator (as stated in the Declaration). But corporations exist as creations of the state; the state IS their creator in a literal and legal sense.

This case puts the activist conservatives on the Court in a bind. They have to either smack down the State of Montana and tell them they can create entities but not define their limits, or they have to back down the Citizens ruling.
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Eris23Skidoo
Dischordian Keynesian
02:44 PM on 02/20/2012
Oh, man, this is such a beautiful point. I fave you I fan you. I can't do anything else.
03:42 AM on 02/20/2012
There is so much activity going on to get this overturned, or revisited or amended, it would have been nice if you included this political activity to do so. Bernie Sanders, Dylan Ratigan, Move to Amend, Rebuild America, United Republic, etc. Lots of noise and action since the decision was made.
11:58 PM on 02/19/2012
Yes ANY money in politics is wrong and legal bribery. Yet taking money from everybody is actuall less corrupt than allowing the party in power to allow this bribery to come from only their supporters eg unions, lawyers
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HUFFPOST SUPER USER
Edward Standley
opinionated jerk
02:13 AM on 02/20/2012
Are you aware of the FEC laws that govern contributions from sources other than Super PACs?
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Eris23Skidoo
Dischordian Keynesian
02:52 PM on 02/20/2012
Seriously? That's all you got? Unions are bit players in American politics any more and individual lawyers contribute to candidates of both parties depending on their personal preference. Most lawyers don't attempt buy off BOTH parties the way corporations do.
07:24 AM on 02/21/2012
http://www.opensecrets.org/orgs/list.php?order=A

As you can see, of the top 20donors, 13 have been unions (hardly a 2 bit player) and besides them dems are way in the lead of skimming the top corporations, including wall st.
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HUFFPOST SUPER USER
Obviator
08:34 PM on 02/19/2012
The whole idea was kind of abstract until we could see it in action . It's fairly clear that one or two really rich people are trying to be the highest bidder on this auction. there is really no telli g what these will owe these people when this is all over. They won't be able to make any decision without this debt in mind. This is a very bad idea.
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Eris23Skidoo
Dischordian Keynesian
02:54 PM on 02/20/2012
They won't owe them anything because none in the GOP field who is taking these bribes from these billionaires has any chance of beating Obama in the general. Since they won't be winning any elections, they won't be in any position to provide paybacks to the billionaires.
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HUFFPOST SUPER USER
Obviator
07:20 PM on 02/20/2012
Yes, it's amazing how little they are getting for their money. These guys are all to old to give up their first born. Maybe they'll get some broken bones. Ooooh...maybe they'll have to work it off!
04:16 PM on 02/19/2012
Citizens United created a toolset for would be oligarchs!
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Eris23Skidoo
Dischordian Keynesian
02:54 PM on 02/20/2012
As it was intended, as it was intended.
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HUFFPOST PUNDIT
LiberalBuzz
Voting republican is voting against America.
03:17 PM on 02/19/2012
The problem is the SCOTUS could care less about petitions, protests, sign carrying etc.

Whether the turn of events showing how one man can decide elections or how 16 billionaires are deciding the elections and ruining the so called fair elections will make a difference, I doubt it. We have 5 ultra conservative Justices who are all for a corporate controlled country with a one party thousand year rule. Another reason to make sure we keep Obama in office.

There is a reason other countries limit even election running times. So there can not be such undue influence. 

I wish we had Britain's election time schedule. Maybe because of our size just extend it a few more months but wouldn't that be great. No negative ads allowed, no slamming your opponent and a very very short election cycle. 

Well we can dream.
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Eris23Skidoo
Dischordian Keynesian
02:55 PM on 02/20/2012
They will care when 500,000 people show up demanding they turn over their robes and retire immediately, failing that we have five treasonous judges hanging from nearby lampposts.
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RedneckDem
The top 1% stole my made in china bootstraps
02:06 PM on 02/19/2012
They won't re- visit this... If there is one truth about the conservative mind it is the inability to ever admit they are/were wrong.