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Sens. McCain, Whitehouse Dare SCOTUS On Corporate Political Spending

Sens. McCain, Whitehouse Dare SCOTUS On Corporate Political Spending

On Friday Sens. John McCain (R-AZ) and Sheldon Whitehouse (D-RI) filed an amicus brief urging the Supreme Court to let stand Montana’s century-old ban on corporate money in political campaigns.

The Roberts Court will review the Montana law in light of its holding in Citizens United that declared as unconstitutional a similar federal law.

The ruling under review is a Montana Supreme Court holding that the state’s Corrupt Practices Act, which states that a “corporation may not make….an expenditure in connection with a candidate or a political party that supports or opposes a candidate or a political party” is not only constitutional, but necessary given the state’s Gilded Age-era copper kings who corrupted the state’s electoral system with cash.

In their brief, McCain and Whitehouse urged the Supreme Court “to confirm that Congress and state legislators may, upon an appropriate record demonstrating the potential for corruption or perceived corruption created by independent expenditures, enact legislation in response to that real and significant threat.” In short, McCain and Whitehouse asked the Roberts Court point blank to affirm or deny that Congress can curb corporate electoral spending.

And that request takes aim at the central dispute underlying the fallout from Citizens United, and that is, whether or not unlimited corporate spending in elections has a corrupting effect on democracy or not. It’s quite a dare to the Roberts Court. Let’s see now if they take it up.

Related Stories:

Finally! Supreme Court Will Reconsider Citizens United

SCOTUS Blocks Montana’s Ban On Corporate Political Spending

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Photo from soggydan via flickr.

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78 comments

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8:36AM PDT on May 25, 2012

The problem is this Supreme Court is corrupt and its members are so partisan it's sickening. To expect them to make a sensible decision, especially in light of what's happening in the current election before their eyes, would be madness. They only care about their corporate masters.

If anyone needs a reason to vote for President Obama, it is that he might be able to replace one of the disgraceful justices placed there by his Republican predecessors. Only one Supreme Court justice has ever been impeached in our history. I wish they'd try to find legal reasons to do so again.

3:35PM PDT on May 24, 2012

Luvenia V.
I agree with you that this John Robert's Scotus is corrupt. But, there are nine members, five of whom were elected by republican presidents. The other four seem to me to be quite impartial (maybe because they were put in by democratic presidents). Unfortunately, the majority wins. What is so very sad is the fact that no supreme court member is suppose to have a political agenda. Guess which ones do.

9:43PM PDT on May 21, 2012

Wow i;m impressed,he finally stood up to be the man i admired as a former pow, that didn't sell out to get out of the camps before others that had been there longer!!!YAY John McCain you deserve respect for standing up for whats right!!

9:43PM PDT on May 21, 2012

Wow i;m impressed,he finally stood up to be the man i admired as a former pow, that didn't sell out to get out of the camps before others that had been there longer!!!YAY John McCain you deserve respect for standing up for whats right!!

7:16AM PDT on May 21, 2012

give credit where credit is due. mccain has always championed campaign finance reform. nothing new here.

7:13AM PDT on May 21, 2012

Sadly for us, for the Roberts court to reverse itself, even partially, on Citizens would open the sluice gates on a torrent of law suits challenging the Citizens decision. I sincerely doubt that Roberts is about to let that happen. We remain, ever and always, screwed.

7:11AM PDT on May 21, 2012

inna z, give specifics to your claims and back them up with verifiable fact. you are just stating right wing talking points. start with what criteria you use to label obama a communist/socialist.
next elaborate on his corruption. give specific examples of corruption and back them up with verifiable fact. follow that up with specific examples that show how he is a threat to our freedom and again back them up with verifiable facts.
answer this question inna, how do you work a congress who's full agenda is blocking and obstructing everything the president tries to get passed? the republiCONS made it clear that their main goal wasn't to turn this country around, but to make sure obama was a 1 term president.
to make the claims you did in your post without giving the specifics and backing them up with verifiable facts shows you are either a fool, a troll or that you are totally overwhelmed by your own hubris. nobody here on care2 buys this rubbish.
by questioning the presidents patriotism you showed your pathetic desperation, by labeling obama a communist you showed how foolish you are.

6:27AM PDT on May 21, 2012

I agree with Robert K. The current SCOTUS is steeped in their own corruption. They won't even hold themselves to the most basic standards of propriety. The Roberts court will no doubt stand by the wealthy 1% who line their pockets. Sad but true. Democracy in the US is clearly endangered if not already extinct. How else can you explain the fact that we allow people to BUY elections???

3:07AM PDT on May 21, 2012

USA has a DemoCRAZY!!!

9:18PM PDT on May 20, 2012

Robert K, you are so right, but I could only give you one green star. Let's see how far McCain and Whitehouse will go with their efforts. I hope they succeed, but I am not counting on it.

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