Justice Breyer: Montana Case Shows Citizens United Was Wrong

The Supreme Court sided with a conservative group on Monday to invalidate a Montana law restricting corporate spending on elections that had been on the books for 100 years, saying it clearly conflicted with their ruling in Citizens United.

But in a dissent, Justice Stephen Breyer argued that Montana’s history of corruption is a sign of what’s to come thanks to the Supreme Court’s determination that bans on corporate election spending violate free speech.

Montana’s law had been upheld by the state Supreme Court after being challenged by a conservative group, American Tradition Partnership. But in a 5-4 ruling, the Supreme Court summarily reversed the lower court’s decision and invalidated the longstanding legislation.

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“Even if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Su­preme Court’s finding, made on the record before it, that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana,” Breyer wrote. “Given the history and political landscape in Montana, that court concluded that the State had a compelling interest in limiting independent expenditures by corporations.”

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