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Litigation

: The Gavel

Justice Brennan and Citizens United

By Charlie Hall

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In a new commentary, “What Would Justice Brennan Do,” Ciara Torres-Spelliscy of the Brennan Center for Justice, describes a March 27 program in which constitutional scholars examined the state of law governing money and politics in the aftermath of Citizens United. Torres-Spelliscy wrote:

Throughout the day, Justice Brennan?s legacy of deep concern for social justice combined with his respect for First Amendment freedoms was a touchstone for many speakers. One of the questions that we didn?t get a chance to discuss at the symposium was: what would Justice Brennan have done in the case of Citizens United v. F.E.C.?

While we can?t be 100% certain, his own decisions indicate that Justice Brennan would have sided with reasonable campaign finance restrictions including restrictions on electoral spending by business corporations. He would have voted with Justice Stevens’ passionate dissent. Why am I so sure? The answer is in Justice Brennan?s concurring opinion in Austin v. Michigan Chamber of Commerce, one of the cases summarily overruled by Citizens United.

According to the Brennan web site, audio and transcript of the program will be posted in the near future.

Full post as published by The Gavel on April 02, 2010 (boomark / email).