On Wednesday, Senator Elizabeth Warren co-sponsored Senator Udall’s amendment proposal, SJRES 19, adding a key progressive voice to the amendment movement. With Warren’s endorsement, the entire Massachusetts’s congressional delegation is now in support of amending the Constitution to overturn Citizens United and related cases.
In a speech two months ago, Senator Warren decried the overwhelming influence of money in politics and noted that “Congress needs power to address all of the ways in which corruption threatens the health of our political system.” That notion – that Congress and the states should have the constitutional authority to protect the integrity of the legislative and electoral processes – is at the heart of what the Udall proposal does.
To date, 16 states, 500 cities/towns, and over 150 members of Congress have called for a constitutional amendment. To learn more about the amendment movement, visit: www.united4thepeople.org.
The Democratic frontrunner in the 2014 Iowa Senate race, US Representative Bruce Braley (D-IA01), is placing the issue of money in politics front and center in his campaign.
On Sunday, Representative Braley sent an email to his supporters requesting they sign a petition to stand with him “to stop more money from flooding our election system.” The letter referred to McCutcheon v. FEC – a campaign finance case that the Court is hearing this term – and the infamous Citizens United decision, which Braley said is “destroying the election process.”
The American public overwhelmingly agrees with Representative Braley’s assessment, but Braley, a longtime supporter of campaign finance reform, has proven he’s not in the “money in politics” fight just because of public opinion.
Prior to Citizens United in the 111th Congress, Braley cosponsored the “Fair Elections Now Act,” a bill that provided for public financing of congressional campaigns. Following Citizens United, in 2010 and 2012 he cosponsored the DISCLOSE Act, which, had it not been blocked by Republican filibusters, would have stopped “dark money” social welfare organizations and trade associations from spending anonymously in federal elections.
Braley has personal experience with these Citizens United-empowered dark money groups. As People For the American Way documented in “Citizens Blindsided,” during the 2010 election, Braley was the target of a large influx of anonymous outside spending from the American Future Fund, a secretive group without an office or even a website.
In May 2012, Braley spoke about the attack ads in an appearance on The Rachel Maddow Show. In the interview, Braley referred to Citizens United as the “worst thing to happen to democracy in [his] lifetime” and spoke about the implications of the decision:
… now, we can see that very powerful moneyed interests are trying to buy the government they want and have no restrictions—literally—on what they can spend. And that’s why Americans have to wake up and realize they need to ask the tough questions when they see these ads on TV and they have innocuous names – paid for by the American Future fund. Most people don’t realize that this is really a highly coordinated effort to get rid of people who speak truth to power and aren’t going to be swayed by some of these powerful special interests [emphasis added].
In 2014 in Iowa, voters have the chance to stand with Representative Braley and against “these powerful special interests.” They want to dominate the political process by buying it; he wants to keep the “for sale” sign off the US Senate.
The movement to amend the Constitution to overturn Citizens United and related cases continues to grow across the country and in the halls of Congress.
At the local level, over 500 cities and towns – including New York City, Los Angeles, Philadelphia, San Diego, Chicago, San Jose, Austin, San Francisco, Boston, Seattle, Washington DC, Baltimore, Portland, Albuquerque, Tucson, and Miami, among others – have called for a constitutional amendment.
At the state level, either by passing legislative resolutions or by voting directly on ballot measures, 16 states (containing over 95 million people) have called upon Congress to send them an amendment bill for ratification.
At the federal level, 14 amendment resolutions have been introduced in the US Congress in the 113th session, and 124 representatives (directly representing 87 million people) and 35 senators (representing over 150 million people) have endorsed the amendment strategy since the Citizens United decision came down in January 2010. Furthermore, President Barack Obama has repeatedly called for a constitutional amendment to overturn Citizens United and related cases.
To find out more about the amendment strategy and its progress, please visit www.United4ThePeople.org.
In September, Salt Lake City residents voted by mail on whether or not they want the Constitution to be amended to overturn Citizens United and related cases. Last week the results came in, showing resounding support for taking back our democracy. The ballot opinion question was supported by overwhelming 90 percent of Salt Lake City voters who participated in the election.
It was a huge victory for both residents and for the people who worked tirelessly on the initiative. The ballot measure was spearheaded by Move To Amend Salt Lake, who asked voters to support the People’s Rights Amendment, which states:
"Only human beings, not corporations, are endowed with constitutional rights,” and that “Money is not speech and therefore regulating political contributions and spending is not equivalent to limiting political speech.”
Last year, Move To Amend Salt Lake gathered more than the required amount of signatures to place the initiative on the ballot. However, following City Council law, the initiative was rejected because it was non-binding. The grassroots group then worked with City Council members to change the process and was successful in putting forward the opinion question to voters in 2013.
By supporting the initiative, Salt Lake City joins the roughly 500 municipalities and 16 states that have called for a constitutional amendment to overturn Citizens United and related cases.
As the Supreme Court heard arguments today in McCutcheon v. FEC – a campaign finance case in which the Court will decide whether to strike down overall limits on direct political contributions – a great crowd of PFAW and allies rallied outside the Court in support of getting big money out of politics. From students and small business owners to members of Congress – including Senator Bernie Sanders and Representatives Ted Deutch, Jim McGovern, and John Sarbanes – people from all backgrounds came together in support of protecting the integrity of our democracy.
PFAW Executive Vice President Marge Baker kicked off the speeches by painting a picture of the “people versus money” nature of the case:
Inside the court – right now – one wealthy man is asking for permission to pour even more money directly into political campaigns. But we’re here, too, and we have a different ask. We’re asking the justices to protect the integrity of our democracy. We’re asking them to protect the voices and the votes of ‘We the People’….We’re here today saying loud and clear: our democracy is not for sale.
Also speaking at today’s rally was Montgomery County Council Vice President Craig L. Rice, Maryland State Director of affiliate PFAW Foundation’s Young Elected Officials Network. Rice spoke about the effect of campaign finance laws on young political candidates:
As a young minority elected official, let me tell you: this [case] is extremely troubling….Young minority candidates throughout this country are routinely outspent and therefore denied the ability to serve in elected roles….Money should not determine who serves in office.
Howard University student Brendien Mitchell, a fellow in affiliate PFAW Foundation’s Young People For program, talked about the importance of being able to hear the political voices of young people in the midst of voter suppression efforts and massive spending by the wealthy in our democracy:
What about the freedom of young Americans who cannot donate grandiose sums of money to political candidates?....We gather to say that this is our country. And that in a case of money versus people, the answer should be apparent: the people.
One of the highlights of the day was hearing from Moral Monday demonstration leader Rev. Dr. William Barber, II, president of the North Carolina State Conference of the NAACP and a member of PFAW’s African American Ministers in Action. Rev. Barber highlighted the millions of dollars Art Pope has poured into conservative projects and campaigns in his home state of North Carolina:
We [in North Carolina] know firsthand that when you undermine laws that guard against voter suppression, and you undo regulations on the ability for corporations and individuals to spend unchecked amounts of money to influence and infiltrate and literally infect the democratic process, it has extreme impacts.
Extreme impacts – and not only on the electoral process itself, but also on a whole host of issues shaping the lives of everyday Americans. Whether you care most about protecting voting rights, preserving our environment, or workers getting paid a livable wage, a political system where the super-rich can make six-digit direct political contributions harms us all.
And that’s why organizations and activists with focuses ranging from civil rights to environmental protection to good government issues came together today with a common message: our democracy is not for sale.
Supreme Court hearing case shows need for an amendment to protect integrity of our democracy, eight groups argue
WASHINGTON – As the Supreme Court prepares to hear oral arguments in McCutcheon v. FEC, eight pro-democracy groups are speaking out on the urgent need for amending the Constitution to protect the integrity of our democracy.
Three years after the Supreme Court’s decision in Citizens United v. FEC, which opened the door to a torrent of corporate and special interest spending to influence our elections, the high court is now considering a case that could bring further harm to our political system. In McCutcheon, the Court is being asked to strike down aggregate contribution limits and allow multi-million-dollar campaign contributions to flood our electoral process.
The case is a continuation of the attack on our democracy by wealthy interests. Plaintiffs challenging aggregate limits should clearly lose this case under current Supreme Court precedent, but the fact that the Court has agreed to hear their arguments at all underscores the need for amending the Constitution to restore the American people’s ability to limit corporate and special interest influence on elections and to promote a democracy of, by and for the people. To date, sixteen states and more than 500 cities and towns have gone on record in support of amending the constitution. Fourteen federal amendments have been proposed in the 113th Congress.
The organizational statements are below.
“After the most expensive election cycle in our country’s history, the ultra-conservative bloc of the Supreme Court continues to threaten our democracy,” said Marge Baker, Executive Vice President of People For the American Way. “Our constitution’s authors did not envision a government of corporations and the wealthy – they envisioned a government of the people. This case threatens the very foundations of that system. A democracy where the voices of everyday Americans are overpowered by the amplified voices of the rich and powerful is not the kind of democracy Americans want or expect. That’s why it’s so important that we help nurture the growing movement to take back our democracy and pass a constitutional amendment putting the power of our political system back where it belongs – in the hands of the people.”
“The Supreme Court may be poised in the McCutcheon case to follow its disastrous Citizens United decision and issue a new ruling which further allows big money interests to dominate our political process and drown out the voices of ordinary citizens,” said John Bonifaz, the Co-Founder and Executive Director of Free Speech For People. “If it does that, it will only provide added proof that we the people must overrule the Court with a constitutional amendment to reclaim our democracy.”
“For nearly forty years, the Supreme Court has been driving us down a road that continues to take us further from our democratic values,” said Emma Boorboor, Democracy Associate for U.S. PIRG. “Americans believe that in a democracy the size of your wallet should not determine the volume of your voice. McCutcheon v. FEC could give a megaphone to small set of ultra wealthy donors, drowning out the voices of average Americans. Those challenging limits should clearly lose this case under current law. But, ultimately, we can only turn this car around by amending the U.S. Constitution to clarify to the Supreme Court that the first amendment was never meant as a tool for special interests to co-opt our democratic process.”
“The Supreme Court should not repeat the grave mistakes of its disastrous Citizens United ruling in the McCutcheon case by giving the richest few even more disproportionate influence over our democracy,” said Lisa Graves, Executive Director of the Center for Media and Democracy. “The notion that anyone’s ‘speech’ rights are burdened because he can’t give more than $123,200 in campaign contributions is an absolute perversion of the First Amendment, and the fact that the high court would even consider such a claim demonstrates that we need to amend our Constitution to stop the distortions of big money in our elections and restore the primacy of the people in our democracy.”
“In McCutcheon, the Supreme Court will decide whether to double down on Citizens United to transform further our democracy – rule by the people – into a wealthocracy,” said Robert Weissman, President of Public Citizen. “We can only hope that this is one step too far for the Supreme Court. But we shouldn’t have to hope, and we shouldn’t have to live with a campaign finance system already corroded by Citizens United and other harmful court decisions. That McCutcheon is even being considered by the Court highlights the imperative of a constitutional amendment to protect our democracy.”
“McCutcheon is not about free speech, it’s about the buying and selling of political power,” said Karen Hobert Flynn, Senior Vice President for Strategy and Programs at Common Cause. “The case invites the court to give wealthy Americans permission to purchase political favors and influence like they purchase stocks or real estate. With apologies to Mark Twain, it would give us the best government money can buy.”
“Many in this country already question the Legitimacy of our supposedly ‘democratic’ republic and the Supreme Court itself,” said Bill Moyer, Executive Director of the Backbone Campaign. “Even the pretext of representation of the citizenry has be replaced with a blatant and shameless auction. Corporations and the aristocratic super-rich who hide behind their corporate shelters of liability are ‘coming out.’ McCutcheon v. FEC represents a shameless flaunting of oligarchic power and reflects disdain for even the illusion of a system that strives toward egalitarian system of, by and for the People.”
“The issue in the McCutcheon case is one of political bribery, which is outlawed in the US Criminal code. Yet, in the wake of Citizens United, we fear that the court’s attack on democracy in favor of corporate rule will continue when it rules in this case involving aggregate limits on individual contributions to candidates,” said David Delk, Co-Chair of the Alliance for Democracy. “Will it even limit itself to just that question? To end this series of court decisions favoring the corporatocracy, we must amend the US Constitution to make clear that corporations are not people and therefore have no constitutional rights, and that money is not speech.”
Support Growing in U.S. Senate, House of Representatives and State Legislatures
WASHINGTON – Advocates are celebrating a significant milestone in the campaign for a constitutional amendment to overturn the U.S. Supreme Court’s 2010 ruling in Citizens United that opened the floodgates of money from corporations and the ultra wealthy into our political system. Support for the campaign now stands at one-third of what is needed for victory.
The Constitution can be amended by votes of a supermajority of each chamber of Congress, followed by ratification by three-quarters of the states. Support for an amendment now stands at one third of each of those thresholds:
|Share required||Number needed||Number today||%|
|2/3 Senators||67||27 sponsors and co-sponsors||40%|
|2/3 Representatives||290||99 sponsors and co-sponsors||34%|
|3/4 States||38||16 official resolutions, ballot measures or official calls for an amendment||42%|
“This milestone represents important progress toward a goal that’s critical to preserving the integrity of our democracy,” said Marge Baker, executive vice president of People For the American Way. “Amending our country’s constitution should be difficult. But this isn’t the first time Americans have encountered a serious problem that needs a serious solution. Citizens United and other cases that paved the way for big money to flood our elections have given us one of those moments. As more states and elected officials go on record in support of an amendment, the clearer it becomes that the American people will not stand to have their voices overpowered by wealthy special interests.”
“In just three years since the Supreme Court’s Citizens United ruling, we have come one third of the way to amending the US Constitution to reclaim our democracy and to ensure that people, not corporations, shall govern in America,” said John Bonifaz, co-founder and executive director of Free Speech For People. “Americans across the political spectrum are standing up to defend that fundamental promise of government of, by, and for the people.”
“Sixteen states representing tens of millions of Americans and hundreds of cities and towns, from Los Angeles to Boston, have passed resolutions and ballot measures in support of a constitutional amendment to reverse Citizens United," said Karen Hobert Flynn, senior vice president for strategy and programs at Common Cause. “Voters and legislators are justifiably outraged at the way Citizens United has created a system of legalized bribery around our elections, and are building the momentum we need to make a change.”
“Fast gaining momentum, the movement for a constitutional amendment aims to reassert popular sovereignty and return America to the founding constitutional principle embodied in the phrase, We, the People,” said Robert Weissman, president of Public Citizen. “We, the People of the United States are fast on our way to winning a constitutional amendment to ensure our government works for us, not JP Morgan, Pfizer and Walmart.”
“Citizens United set a dangerous precedent by opening the floodgates for special interest money in our elections,” said Emma Boorboor, Democracy Associate, U.S. PIRG. “Yet, as a nation we overwhelmingly value the idea that the size of your wallet should not determine the volume of your voice in our democracy. The fact that we are already a third of the way to passing a constitutional amendment to get big money out of politics clearly demonstrates the building momentum and the desire of Americans to stand up for our democratic values.”
Sixteen states have formally called for an amendment by ballot measure, resolutions passed by the legislature, or official letters signed by a majority of state legislators:
In addition, nearly 500 cities, towns, and counties, including New York, Los Angeles, Chicago, and Philadelphia have called for an amendment, and more than 2,000 elected officials nationwide are on record supporting one.
A 2010 Peter Hart poll found that 82% of Americans support congressional action to limit corporate spending on elections (which Citizens United unleashed), and that 79% support a constitutional amendment to accomplish this. This past September, an Associated Press poll found that 83% of Americans favor limits on the amount of money corporations, unions, and other organizations can spend on our elections.
Public support is also bipartisan. The 2010 Peter Hart poll revealed that 68% of Republicans, 82% of independents, and 87% of Democrats support an amendment. The 2012 AP poll showed that 81% of Republicans, 78% of independents, and 85% of Democrats want to limit corporate, union, and other outside spending.
Free Speech For People works to challenge the misuse of corporate power and restore republican democracy to the people. The group advances the movement to amend the U.S. Constitution to overturn Citizens United v. FEC, an earlier case called Buckley v. Valeo, and the fabricated doctrine of corporate constitutional rights. For more on Free Speech For People, visit: www.FreeSpeechForPeople.org.
Common Cause is a nonpartisan, grassroots organization dedicated to restoring the core values of American democracy, reinventing an open, honest, and accountable government that works for the public interest, and empowering ordinary people to make their voices heard.
People For the American Way engages in lobbying and activist mobilization to support local, state and federal initiatives to ameliorate the impact of, and eventually overturn via constitutional amendment, the effects of Citizens United and other court cases that have opened the floodgates of unlimited corporate and special interest spending to influence elections. PFAW activates its membership, its youth leadership networks (the Young Elected Officials Action and Young People For Action programs) and its African American Ministers in Action network for money-in-politics work. PFAW co-leads coalition efforts to confirm judges and justices who respect the progressive ethic of the Constitution and has a dynamic political arm engaged in electoral strategies to hold money-in-politics obstructionists accountable.
Public Citizen is national non-profit membership organization. Since 1971, we have fought for corporate and government accountability to guarantee the individual’s right to safe products, a healthy environment and workplace, fair trade, and clean and safe energy sources. Public Citizen is deeply invested in limiting the damaging effect of money in politics and passing an amendment to overturn the Citizens United ruling and related cases. www.DemocracyIsForPeople.org
U.S. PIRG is a citizen's group that stands up to powerful interests whenever they threaten our health and safety, our financial security, or our right to fully participate in our democratic society. For decades, we’ve stood up for consumers, countering the influence of big banks, insurers, chemical manufacturers and other powerful special interests. www.uspirg.org
If you’re curious why many House Republicans are on board with an unhinged plan to threaten a government shutdown or default over demands to “defund” Obamacare, you should follow the money. That’s what the New York Times editorial board argued in a compelling op-ed Tuesday.
Far-right groups such as the Club for Growth are striking out at Republicans who refuse to take this reckless stance, wielding their considerable funds to “inflict political pain” on those who do not share their extremist position. And they are titillating their Tea Party supporters with political fantasies in order to get them to send in even more money, so they can ramp up their attack on Republicans who don’t toe the line. In “The Money Behind the Shutdown Crisis,” the editorial board wrote:
These groups, all financed with secret and unlimited money, feed on chaos and would like nothing better than to claim credit for pushing Washington into another crisis. Winning an ideological victory is far more important to them than the severe economic effects of a shutdown or, worse, a default, which could shatter the credit markets.
[…] Brian Walsh, a longtime Republican operative, recently noted in U.S. News and World Report that the right is now spending more money attacking Republicans than the Democrats are. “Money begets TV ads, which begets even more money for these groups’ personal coffers,” he wrote. “Pointing fingers and attacking Republicans is apparently a very profitable fund-raising business.”
And as more money pours into these shadowy groups, their influence – and thus their potential for inflicting further damage on our democracy – grows. With fewer effective campaign finance regulations left standing in the post-Citizens United landscape, there is little that can stop these groups from using their money to bully elected officials.
But the functioning of our government is not a game. And though for these fringe groups making an ideological point may seem more important than keeping our government from shutting down or defaulting, Americans are tired of having our basic economic security called into question over political posturing.
As the Times editorial board put it:
It may be good for their bank accounts, but the combination of unlimited money and rigid ideology is proving toxic for the most basic functioning of government.
It was a big week for lifting the veil – at least a little – on the secretive world of conservative groups funding political campaigns. On Wednesday we wrote about new reports on two of the Right’s shadowy front groups which have been able to disguise the transfer of large sums of money to organizations supporting Republican causes and candidates.
Then Politico brought us a look inside what they call “the Koch brothers’ secret bank,” a previously unknown group called Freedom Partners which gave a quarter billion dollars in 2012 to sway public debate further to the right. Mike Allen and Jim VandeHei report:
The group, Freedom Partners, and its president, Marc Short, serve as an outlet for the ideas and funds of the mysterious Koch brothers, cutting checks as large as $63 million to groups promoting conservative causes, according to an IRS document to be filed shortly…
The group has about 200 donors, each paying at least $100,000 in annual dues. It raised $256 million in the year after its creation in November 2011, the document shows. And it made grants of $236 million — meaning a totally unknown group was the largest sugar daddy for conservative groups in the last election, second in total spending only to Karl Rove’s American Crossroads and Crossroads GPS, which together spent about $300 million. [emphasis added]
Though you likely have not heard of Freedom Partners before, you’ve heard of the groups it funds – including the NRA, Americans for Prosperity, Heritage Action for America, and Tea Party Patriots. According to their newly-launched website, Freedom Partners is “promoting the principles of a free market and free society” by advocating against scourges like “cronyism in America.”
This, from one of the biggest spenders in the last election.
Other than the Koch brothers, who are the donors behind this massively influential group? At this point, it’s hard to know. Despite the group’s president’s insistence that “our members are proud to be part of [the organization],” Freedom Partner’s membership page does not list a single one. It’s yet another example of the need for legislation like the DISCLOSE Act, which would shed light on the major donors behind the secretive outside groups attempting to shape our elections – and our country.
In today’s legal landscape, “following the money” is tricky – but a new report released yesterday shows why this work is critical to anyone who cares about progressive change. The latest digging from the Center for Responsive Politics’ Open Secrets blog has uncovered new information about a multi-tiered money laundering operation through which tax-exempt groups funnel millions to groups supporting right-wing causes and candidates.
Operating behind a thick veil of secrecy, groups like TC4 Trust and the Center to Protect Patient Rights – which Open Secrets describes as “‘shadow money mailboxes’ – groups that do virtually nothing but pass grants through to other politically active 501(c)(4) organizations” – are able to hide both their donors and their recipients. By funneling grants through “sub-units,” which are owned by the larger groups but have different names, groups like TC4 Trust put millions into the pockets of 501(c)4 organizations supporting Republican causes in the 2012 elections, such as the advocacy arm of Focus on the Family.
As Open Secrets reports,
[T]heir financial ties run far deeper than previously known. The groups, TC4 Trust and the Center to Protect Patient Rights – both of which have connections to the billionaire industrialist Koch brothers – have been playing a high-stakes game of hide-the-ball, disguising transfers of millions of dollars from one to the other behind a veil of Delaware limited liability corporations.
The source of political advocacy matters. This latest example of dark money donor groups obscuring the links of their money trail underscores the urgent need for legislation like the DISCLOSE Act. This act would bring some basic transparency to the electoral system and require outside groups spending money in elections to disclose their donors – including the original source of donations. The measure, which was blocked by Senate Republicans in both 2010 and 2012, is a common-sense solution that would help the American people understand who is trying to influence their political opinions and their votes.
Yesterday Ben Cohen (co-founder of Ben & Jerry’s) and Edward Erikson had a great op-ed at CNN.com connecting the student debt crisis with the broader issue of big money’s influence in our political system:
But the education system isn't broken -- it's “fixed.” If we're serious about tackling the issue of affordable education and student debt, we need to strike at the root of the problem -- the influence of money in politics.
Private corporations like Sallie Mae -- which own 15% or $162.5 billion dollars of total student debt -- rake in private-island-purchasing profits while students suffer.
Indeed, from student debt bills to workers’ rights legislation to environmental protections, policies that protect everyday Americans will continue to face uphill battles until we can limit the influence of wealthy special interests in our democracy.
Cohen and Erikson point out:
It's time to dam the deluge of cash and corporate influence in Washington once and for all….Thanks to the leadership by groups like People for the American Way, Move to Amend, Common Cause, Free Speech for People and Public Citizen, 16 states have passed referendums calling on Congress to take action and over 150 members of Congress support the amendment strategy. (emphasis added)
And with so much amendment momentum at the state and local level, PFAW and allies are shifting our focus to Congress. As part of our “160 Summer” campaign, money in politics groups are working toward a goal of getting 160 members of Congress to sponsor an amendment resolution limiting the deluge of big money pouring into our elections by overturning Citizens United. Has your representative already voiced their support?
As Cohen and Erikson put it, “This is our future and our fight to win.”
With little over a month before the Supreme Court hears oral arguments in McCutcheon v. FEC, a money in politics case that some are calling the next Citizens United, Justice Ruth Bader Ginsburg spoke out this week on the damage that Citizens United v. FEC continues to cause to our democracy.
Discussing the infamous 2010 Supreme Court decision that paved the way for unlimited corporate spending to influence our elections, Ginsburg told Greg Stohr of Bloomberg News:
“You take the limits off and say, ‘You can spend as much as you want,’ and people will spend and spend,” she said. “People are appalled abroad. It’s a question I get asked all the time: Why should elections be determined by how much a candidate can spend and why should candidates spend most of their time these days raising the funds so that they will prevail in the next election?”
It’s a great question, and one with a clear answer – they shouldn’t.
Justice Ginsburg is not alone in her concerns about the damage done to our democratic system. A 2012 Brennan Center national poll found that nearly seven in ten respondents agree that “new rules that let corporations, unions and people give unlimited money to Super PACs will lead to corruption.”
And this is not the first time Justice Ginsburg has publicly commented on the Citizens United decision. Early last year, Justices Ginsburg and Breyer released a statement in conjunction with a Court order in a campaign finance case out of Montana stating that:
Montana’s experience, and experience elsewhere since this Court’s decision in Citizens United v. Federal Election Comm’n, make it exceedingly difficult to maintain that independent expenditures by corporations “do not give rise to corruption or the appearance of corruption.” A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.
It is also not the first time she has commented on the Roberts Court more generally. In an interview with the New York Times this weekend, Ginsburg called the current court “one of the most activist courts in history.”
In October, the high court will hear arguments in a case considering similar issues, McCutcheon v. FEC, for which People For the American Way Foundation submitted an amicus brief. In this case, the Supreme Court could take the damage of Citizens United one step further by eliminating the caps on how much money an individual can contribute – in total – in each two-year campaign cycle. It other words, the court would be striking down another protection against wealthy special interests overpowering our political system, allowing even more big money to flow into our elections.
Just what our democracy needs. PFAW Foundation Executive Vice President Marge Baker noted last month:
Protecting the legitimacy of our political system, and restoring the faith of the American people in that system, is vital to a working democracy.
And as Justice Ginsburg highlighted this week, elections shouldn’t be determined by who has the biggest wallet.