John Paul Stevens

PFAW and Allies Rally, Deliver 3 Million Petitions in Support of Amendment to #GetMoneyOut

On Monday afternoon People For the American Way joined partner organizations, Senators, and Representatives in a rally outside the U.S. Capitol in support of the Democracy For All Amendment to overturn decisions like Citizens United and get big money out of politics. As the Senate begins debating the measure, PFAW and ally organizations teamed up to deliver more than three million petitions in support of an amendment.

The rally was kicked off by People For the American Way Executive Vice President Marge Baker (pictured speaking above) and Public Citizen President Robert Weissman. Speakers included Sen. Tom Udall (N.M.), Sen. Bernie Sanders (Vt.), Sen. Sheldon Whitehouse (R.I.), Sen. Amy Klobuchar (Minn.), Sen. Al Franken (Minn.), Rep. Ted Deutch (Fla.), and Rep. Jim McGovern (Mass.) Rally footage was featured on The Last Word with Lawrence O’Donnell and in the Huffington Post.


Sen. Tom Udall (N.M.)


Sen. Bernie Sanders (Vt.)


Sen. Sheldon Whitehouse (R.I.)


Sen. Amy Klobuchar (Minn.)


Sen. Al Franken (Minn.)


Rep. Ted Deutch (Fla.)


Rep. Jim McGovern (Mass.)

At the rally, PFAW Executive Vice President Marge Baker said, “Today, more money than ever is flooding our democracy. But something else is also happening: everyday Americans are fighting back. Americans are no longer willing to settle for elections auctioned to the highest bidders.” You can watch her speech here.

The massive number of petitions delivered is just one of many indicators of the broad support for an amendment to get big money out of politics. Sixteen states, more than 550 cities and towns, and public figures including former Supreme Court Justice John Paul Stevens and President Barack Obama have already voiced support for an amendment. Recent polling found that nearly three in four voters (73 percent) favor it.

Organizations contributing petitions included People For the American Way, MoveOn.org, CREDO, Daily Kos, Public Citizen, Public Change Campaign Committee, USAction, Common Cause, Democrats.com, Free Speech For People, Coffee Party, Center for Media and Democracy, Brave New Films, Progressive Democrats of America, Sierra Club, US PIRG, Communications Workers of America, Wolf PAC, Move to Amend, Food and Water Watch, Corporate Accountability International, Greenpeace, Public Campaign, the American Association of University Women (AAUW), the League of Conservation Voters, and the Story of Stuff Project.

Get more information on PFAW’s Government By the People work here.

PFAW

Justice Stevens: A Crack in the Foundation of the Citizens United Majority Opinion is Inevitable

One of the last acts of Justice John Paul Stevens on the Supreme Court bench that he sat on for nearly thirty-five years was to read a summary of his scathing dissent of the Citizens United v. FEC decision, aloud, stating repeatedly, in one form or another that corporations “are not themselves members of ‘We the People’ by whom and for whom our Constitution was established.” Unfortunately, this view, which the vast majority of Americans agree with, and which seems so self-evident, was not held by the majority of the court.

To read the decision aloud was noteworthy; justices typically do so on cases they believe have special merit. And Justice Stevens correctly understood then that Citizens United was just that.

Over two years later, as the effects of Citizens United take hold, as corporate and special interest spending flood the 2012 elections and overwhelm the political process, Justice Stevens revisited the topic at the University of Arkansas’ Clinton Schools of Public Service. As reported by the Huffington Post, Justice Stevens took to the lectern Wednesday to address the inherent legal contradictions that are still outstanding under Justice Kennedy’s lead opinion.

Stevens alluded to President Obama’s apprehension, voiced in his 2010 State of the Union Speech, that the decision would “open the floodgates to special interests -- including foreign corporations -- to spend without limit in our elections.” Stevens stated (emphasis added):

… the former professor of constitutional law at the University of Chicago Law School [President Obama] made three important and accurate observations about the Supreme Court majority's opinion …

… third, the logic of the opinion extends to money spent by foreign entities. That is so because the Court placed such heavy emphasis on the premise that the First Amendment generally prohibits the suppression of political speech based on the speaker's identity. Indeed, the opinion expressly stated, “We find no basis for the proposition that, in the context of political speech, the Government may impose restrictions on certain disfavored speakers.”

Justice Stevens is correct that the logic of the Court’s opinion in Citizens United extends to permitting foreign corporations to make independent expenditures to influence U.S. elections. As he pointed out in his Citizens United dissent, the majority opinion’s failure to take on the issue of foreign corporate spending when striking down portions of the McCain-Feingold Act is a glaring omission, one that exposes the logical flaws in Kennedy’s argument. And as more cases like Bluman v. FEC arise – in which foreign nationals sought, and were denied the right to make electoral contributions and expenditures – the court will need to further clarify its position on why domestic corporations, and not other “speakers” have the right “to speak.” On the subject, Stevens reasoned:

in due course it will be necessary for the Court to issue an opinion explicitly crafting an exception that will create a crack in the foundation of the Citizens United majority opinion. For [Justice Alito's] statement that it is "not true" that foreign entities will be among the beneficiaries of Citizens United offers good reason to predict there will not be five votes for such a result when a case arises that requires the Court to address the issue in a full opinion. And, if so, the Court must then explain its abandonment of, or at least qualify its reliance upon, the proposition that the identity of the speaker is an impermissible basis for regulating campaign speech. It will be necessary to' explain why the First Amendment provides greater protection to the campaign speech of some non-voters than to that of other non-voters.

It is very possible that a plethora of cases like Bluman v. FEC will reach the district courts. And it’s very possible that the lower courts will begin to poke so many holes in the Citizens United rationale that the Supreme Court will have no choice but to revisit the case.

PFAW Foundation

Previewing the Right Wing Playbook on the Kagan Confirmation Hearings

When Supreme Court Justice John Paul Stevens announced his retirement plans, the Right swung into action with a plan to make the confirmation process just one more part of their 2010 and 2012 political strategies.

Snapshot of Important Stevens Cases

A sampling of important and historic Supreme Court cases that are frequently associated with Justice John Paul Stevens.

People For the American Way Calls for Constitutional Amendment to Undo Supreme Court Decision

In response to today's Supreme Court ruling, which overturned over one hundred years of established law limiting the impact of corporations on elections, People For the American Way called for a constitutional amendment, in addition to legislative remedies, to restore Congress's ability to regulate corporate influence on elections.

Supreme Court End-of-Term Analysis: 2005-06 Term

The 2005-06 term was clearly a period of transition for the Supreme Court, as Chief Justice Roberts replaced Chief Justice Rehnquist, and two justices in a sense replaced Justice O’Connor Justice Alito took her seat on the Court while Justice Kennedy replaced her as the “swing” vote in a number of closely divided cases. And while a relatively large number of the Court’s decisions this term were unanimous (generally where the Court was able to agree on a narrow approach and avoid divisive issues as in the New Hampshire abortion case), the new justices clearly pushed the Court towards the right in several important, closely divided cases.

Courting Disaster 2005

What would the actual impact be on Americans' rights and freedoms if the views of Antonin Scalia and Clarence Thomas become the majority views on the Supreme Court? This report examines Scalia's and Thomas's opinions to answer that question, focusing on cases in which Scalia and Thomas have been in the minority on the Court, and the answer is nothing short of chilling.

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