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MrNJ

(200 posts)
Mon Jun 25, 2012, 10:17 AM Jun 2012

MT campaign finance decision overturned (Citizens United reaffirmed)

Last edited Mon Jun 25, 2012, 12:06 PM - Edit history (1)

Source: SCOTUS

A Montana state law provides that a “corporation may not make . . . an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” Mont. Code Ann. §13–35–227(1) (2011). The Montana Supreme Court rejected petitioners’ claim that this statute violates the First Amendment. 2011 MT 328, 363 Mont. 220, 271 P. 3d 1. In Citizens United v. Federal Election Commission, this Court struck down a similar federal law, holding that “political speech does not lose First Amendment protection simply because its source is a corporation.” 558 U. S. ___, ___ (2010) (slip op., at 26) (internal quotation marks omitted). The question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does. See U. S. Const., Art. VI, cl. 2. Montana’s arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case.
The petition for certiorari is granted. The judgment of the Supreme Court of Montana is reversed.

Read more: http://www.supremecourt.gov/opinions/11pdf/11-1179h9j3.pdf



so much for hoping...
11 replies = new reply since forum marked as read
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MT campaign finance decision overturned (Citizens United reaffirmed) (Original Post) MrNJ Jun 2012 OP
How did it go? 5-4 as usual? Woody Woodpecker Jun 2012 #1
Per Curiam, 'by the court,' elleng Jun 2012 #6
This is no surprise........ Swede Atlanta Jun 2012 #2
The decision says elleng Jun 2012 #7
Lets buy montana state government....and all the low population western states.... Evasporque Jun 2012 #3
Too late pscot Jun 2012 #4
Citizens United will backfire on the Party of Greed Iliyah Jun 2012 #5
At one time it was said indypaul Jun 2012 #8
Bastards. If corporations are "people" shouldn't they be subject to the same limitations mzmolly Jun 2012 #9
Somewhat misleading thread title, here. Laelth Jun 2012 #10
Never thought I'd see the day when the "Supreme" Court turned into political hacks. progressivebydesign Jun 2012 #11
 

Woody Woodpecker

(562 posts)
1. How did it go? 5-4 as usual?
Mon Jun 25, 2012, 10:22 AM
Jun 2012

Kennedy needs to step down, and Fat Tony dies of a massive heart attack before the next term starts, and Clarence Thomas committed (after showing Alzheimer's signs) to a nearest nuthouse.

With the minority, the Roberts Chief Justice title is stripped and offered an option to resign with some dignity and zero pension.

That leaves Alito. Fine, we can leave it at a 8-1 majority for a very long time. It's payback time.

elleng

(130,976 posts)
6. Per Curiam, 'by the court,'
Mon Jun 25, 2012, 12:02 PM
Jun 2012

It usually refers to a decision made by the court as a whole, rather than by a specific judge.

 

Swede Atlanta

(3,596 posts)
2. This is no surprise........
Mon Jun 25, 2012, 10:44 AM
Jun 2012

To be clear, however, at issue in the case was whether CU applied to Montana state law, specifically around state and local elections. The U.S. Constitution is the supreme law of the land. So deciding CU decision overrules state law was to some extent a no brainer.

I did not read the pleadings but I have seen nothing to suggest Montana asked the Court to overrule CU, simply looking at it from an "as applied" against state law perspective.

So I am not sure I would characterize this as an affirmation of CU. That question was not, to my knowledge, put squarely before the court.

elleng

(130,976 posts)
7. The decision says
Mon Jun 25, 2012, 12:12 PM
Jun 2012

Last edited Mon Jun 25, 2012, 12:47 PM - Edit history (2)

there can be no serious doubt that CU applies to Montana state law, and Montana's
arguments were 'either already rejected (by CU) or fail meaningfully to distinguish that case.'

Right, it is, sadly, no surprise. I do think several justices want an opportunity to re-think CU, but this is not it, unfortunately.

Breyer, Ginsburg, Kagan and Sotomayor disssented. Discussed here: http://www.democraticunderground.com/1002854254

Evasporque

(2,133 posts)
3. Lets buy montana state government....and all the low population western states....
Mon Jun 25, 2012, 10:49 AM
Jun 2012

that were traditionally GOP....we can get some billionaires and spend billions taking over the state governments and making them vastly progressive...where the mid-section goes so does the rest of the body...

indypaul

(949 posts)
8. At one time it was said
Mon Jun 25, 2012, 12:43 PM
Jun 2012

two emotions dictate activity on Wall Street. Greed and fear.
Those same two emotions now dictate activity in Congress and
obviously the Supreme Court. Given the opportunity these same
emotions will control the administration if they have not done so
already.

mzmolly

(50,996 posts)
9. Bastards. If corporations are "people" shouldn't they be subject to the same limitations
Mon Jun 25, 2012, 02:29 PM
Jun 2012

as people are in donating to a campaign? Do we need new laws to address this, deeming that campaign ads are considered a formal campaign contribution?

Laelth

(32,017 posts)
10. Somewhat misleading thread title, here.
Mon Jun 25, 2012, 04:41 PM
Jun 2012

Five justices granted this case certiorari--i.e the Supreme Court will hear it at some future time. It is likely that the five justices who voted for certiorari want to re-affirm the Court's ruling in Citizens United, but the Court has not done so yet, as this thread's title suggests.

Four justices dissented from the grant of certiorari. They say they did so explicitly because they fear the Court will reaffirm Citizens United if this Montana case is heard, and they tried to prevent this case from being heard in order to prevent the whole Court from re-affirming Citizens United.

-Laelth

progressivebydesign

(19,458 posts)
11. Never thought I'd see the day when the "Supreme" Court turned into political hacks.
Mon Jun 25, 2012, 04:47 PM
Jun 2012

Seriously.. .they were SUPPOSED to be above all of that!! But if you think about the fact that Thomas' wife works for people involved in all of this... then it's become another dirty tool for the republicans. My god.. they're destroying democracy on vote at a time. This is serious, folks.

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