General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo, we're still one Supreme Court justice away from reversing Citizen's United
. . . provided we can survive this one election.
Were the justices saying that there can be a re-consideration of the ruling if a state can document actual corruption or harm? That's basically the converse basis they used to deny the full review of the CU ruling. I wouldn't hold my breath, but I'd try them on this.
Mcubed1945
(9 posts)If Mitten Romney wins, it could be a very long time before ever see anything resembling a balanced court.
sharp_stick
(14,400 posts)Welcome to DU
unblock
(52,256 posts)that is, mere funneling of tons of loot, with massively profitable results, was not deemed to be "proof" of corruption.
however, even in cu, they made it clear that actual, provably corrupt contributions were not permitted.
they didn't make it clear how exactly that could be proven, only that the mere presence of big contributions and big profts afterwards was not good enough.
this is why alito shook his head during obama's sotu address, denying that corruption (from foreign companies in particular) would follow.
TheWraith
(24,331 posts)A constitutional amendment is a non-starter.
Bandit
(21,475 posts)I think a Congressional Act could do the job just fine...
TheWraith
(24,331 posts)Acts of Congress which contradict the established reading of the constitution are considered invalid and tossed out. So if they interpret that the constitution means unlimited money equals free speech, any law saying otherwise goes in the trash heap.
The only way around that is a re-decision by the SCOTUS. Which is extremely rare, but possible.
SickOfTheOnePct
(7,290 posts)Blue Meany
(1,947 posts)they then ask for evidence that their redefinition has expanded it. No doubt they will now say that the lack
of proof forthcoming is evidence that it didn't lead to corruption at all.
Let's suppose the rules were changed for the enforcement of speeding laws so that law enforcement would be required to find and obtain affidavits from 15 eye witnesses before they could bring a case. The fact that a car was clocked on radar at a certain speed would not, by itself, be adequate to prove the crime. Does anyone doubt what the results would be?
Puzzledtraveller
(5,937 posts)I don't see how. Is there any precedent at all for this being a possibility?
KharmaTrain
(31,706 posts)That's the only thing that will reign in CU...no court will touch this case...especially since the SCOTUS has now doubled down on it. This country is way too polarized to pass anything through both houses yet a Constitutional Ammendment. Maybe we can hope for a future court with a more liberal lean to reverse the current ruling but that's also on the margins of reality at this point....and could be a faint dream should Democrats lose the Senate and Executive this fall.
The best hope here is that elections become too expensive...too costly that the parties themselve come up with some kind of agreement that will lead to a law being passed in Congress. There has to be a point of diminishing returns...where the expenses in not just money but the time gathering that money is so tedious that the politicians finally say enough's enough. Sadly we no where near that happening at the present time.
Here's hoping the electorate gets so sick and tired of all the teevee ads, robo calls and other noise that they vote against the high roller candidates...make the return not worth the investment...
jpljr77
(1,004 posts)Not that it matters </sarcasm>