Today's Supreme Court Campaign Finance Decision is Bad News for Corporate Spending Limits and Public Financing Plans

Today's Supreme Court opinion in FEC v. Davis nominally deals with a relatively tangential portion of the McCain-Feingold law; but the 5-4 decision has much broader implications, laying the groundwork for striking down limits on spending by corporations and unions. It also could make public financing plans less effecting and less desirable. Here is some initial analysis to explain that point (subject to change as I study the opinion further).

Comments

[bgregs]

While I agree with you that it's a bad decision for the country, it is ALSO an entirely legal (and Constitutional!) decision that I agree with the SCOTUS as far as their own rules. Remember, the role of the SCOTUS is not to make a law valid (or a valid law) but to make sure that existing and potential laws are valid to each other, and to the Constitution. Until such time as we require public funding of all elections, probably with a Constitutional Amendment, it is perfectly valid and legal for a person to spend as much of their OWN money as they want to, even if their opponent is handicapped by not having as much money, and must raise the money on their own, or use the public financing system in place.....