Montana Could Force SCOTUS To Re-Hash Citizens United

[cal04]

The Supreme Court could give Citizens United a second look this month as it decides whether to take up a lawsuit against the state of Montana, which wants its century-old state law restricting corporate influence in elections to stay in place.

Montana is the only state so far to assert its existing corporate-money ban should still stand after the court ruled in 2010 that corporations could spend unlimited amounts on election ads via independent groups. The Montana Supreme Court upheld the 1912 Corrupt Practices Act, but the Supreme Court ordered that the law not be enforced while it reviewed a challenge by the conservative group American Tradition Partnership. The court is widely expected to strike the law down in keeping with its previous decision.

Still, advocates view the case as their best chance yet to force the justices to re-examine elements of their landmark 2010 opinion that they say have already proven flawed in light of the subsequent deluge of campaign spending. Twenty-two states and Sens. John McCain (R-AZ) and Sheldon Whitehouse (D-RI) have signed on with Montana Attorney General Steve Bullock (D) in support of their claim.

The Supreme Court’s Citizens United decision rested in part on its claim that “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” Bullock and his supporters are asking them to look at Montana’s own history and then decide whether that assumption is still valid.

http://2012.talkingpointsmemo.com/2012/06/montana-case-could-give-supreme-court-a-second-look-at-citizens-united.php

more at link

[Nye Bevan]

1. Or they may simply overturn the Montana law (nt)

[Woody Woodpecker]

2. Kennedy better be on the right side of history this time

CU needs to be struck down, permanently.

And force every corporations to begin paying taxes at a 95% rate on profits over $2M until the deficit is caught up.