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People sometimes ask me when it was that I lost it my confidence in the integrity of the Supreme Court; was there a tipping point? Indeed, there was.
In Citizens United, “independence” and “transparency” of political spending were foundational premises of the decision. If those premises weren’t true, the decision had no foundation. And those premises weren’t true. So I told the Court.
After Citizens United, I wrote a brief with John McCain sending a bipartisan warning to SCOTUS that “independence” of superPACs was a sham and “transparency” of political spending was belied indisputably by floods of dark money — those premises were false. whitehouse.senate.gov/news/release/w…
The Court ignored us; indeed they didn’t even allow argument in that case. They summarily threw out the decision of the Montana Supreme Court for violating a decision whose key premises had been exploded by indisputable subsequent facts!
It would have been easy (and honest) to look at our brief (and the newspapers) and say, “looks like we might have been wrong, let’s take this case and let people brief and argue the issue.” But they preferred to let the unlimited dark money roll.
That was wrong on many levels but it was good for right-wing billionaires behind the dark money (& behind the Federalist Society, & the Judicial Crisis Network, & Leonard Leo, & the array of their phony front groups that need dark money to operate).
So the battle continues.
So the battle continues.
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