The Legal Fiction of Citizens United

Richard Hasen, writing at Slate, shows that Justice Ginsberg may be ready to call into question the legal fiction that in the words of Justice Kennedy writing for the majority in Citizens United:

…independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.

Hasen shows the internal contradictions within the court in recent decisions that have disagreed with this conclusion. The issue may come to a head because of the Montana Supreme Court case that said, actually, these contributions have caused some serious corruption in this state’s history, so we’re sure you, my dear SCOTUS, would agree that we need to limit them.


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