Litigation

Justice Thomas Defends Campaign Finance Ruling

By Peter Hardin

Justice Clarence Thomas is typically a quiet presence at oral arguments, yet he spoke out strongly in defense of the Supreme Court’s Citizens United decision in remarks before students at a Florida law school.

Answering questions in an appearance at Stetson University College of Law, according to an article in the New York Times, Justice Thomas said no matter how people elect to assemble to play a part in the political process, they are due protections guaranteed by the First Amendment.

?If 10 of you got together and decided to speak, just as a group, you?d say you have First Amendment rights to speak and the First Amendment right of association,? he said. ?If you all then formed a partnership to speak, you?d say we still have that First Amendment right to speak and of association.? He then asked, ?But what if you put yourself in a corporate form??

Justice Thomas also said he didn’t attend the president’s State of the Union speech to a joint session of Congress last week because the event has  “become so partisan and it?s very uncomfortable for a judge to sit there.” His remarks Thursday at a different venue, the University of Florida Levin College of Law, can be viewed online by clicking here.

In Washington, lawmakers and activists continued to focus on writing legislation to respond to the 5-4 Supreme Court ruling. Alex DeMots of the Center for American Progress outlined seven types of legislative responses in an issues paper.

One of those appearing before the House Administration Committee to urge prompt action was Mary Wilson, president of the League of Women Voters of the United States, a partner of Justice at Stake. A strong response is needed, and “some steps are vital to govern the conduct of the 2010 elections,” Wilson said in her statement to the panel. She discussed areas of possible action, from enhanced disclosure requirements to possibly barring election spending by foreign corporations.

Full post as published by The Gavel on February 04, 2010 (boomark / email).