Litigation

Citizens United: A ?900-Pound Gorilla? of a Case

By Peter Hardin

Political professionals, corporations, outside groups and advocates are among many in Washington that the U.S. Supreme Court has left “in [the] lurch” by apparently waiting until Jan. 11 at the earliest to issue an important campaign finance ruling, according to an article in Politico.

The colorful last line about the  decision in Citizens United v. Federal Election Commission distills the full article: “It is this huge 900-pound gorilla everybody is waiting for,” said Craig Holman, a lobbyist for Public Citizen.

Politico details how groups and individuals are putting plans on hold, or developing alternative strategies, or in some cases getting antsy because the high court has not published a decision in the case, which was re-argued Sept. 9. The midterm elections occur in 2010, and a decision “could fundamentally reshape how money gets raised and spent, and spur a renewed effort to limit the flow of money into politics.”

Even if a decision comes swiftly in January, depending on its scope, it could take months for corporations, unions, and others that it affects to get new rules or guidance from the Federal Election Commission.

A ruling could have great impact on states and on their judicial elections, and Justice at Stake submitted an amicus brief in the case. More information is available  from Gavel Grab or from a JAS press release on the case. The case initially focused on a documentary movie attacking then-presidential candidate Hillary Rodham Clinton, but the Supreme Court expanded its potential scope before holding the September re-argument. Specifically, the court signaled that it may overturn longstanding bans on election spending from corporate and union treasuries.

Full post as published by The Gavel on December 14, 2009 (boomark / email).