Litigation

Citizens United: ?Defining Case? of Term

By Peter Hardin

Almost a year ago, former Solicitor General Ken Starr predicted that Citizens United “has a just claim to be the most important case” of the Supreme Court’s 2009-2010 term (see Gavel Grab), which had not yet begun.

In July 2010, judge for yourself. Here is what USA Today wrote this week about the landmark decision, in which the high court struck down limits on corporate and union spending on political elections:

“After nine months and 73 decisions, the Supreme Court’s newly concluded 2009-10 term is defined by a single case whose continuing political ramifications were on display this week in Senate hearings for Elena Kagan.

“Citizens United v. Federal Election Commission…was invoked repeatedly ? by Democrats and Republicans? during the questioning of high court nominee Kagan. Reverberations are likely into the fall elections and the next term.

“‘At some level, this is the Democrats’ abortion issue,’ Harvard University law professor Mark Tushnet says of the political power of the case, in which a five-justice conservative majority reinterpreted political free-speech law. Conservative Republicans have long described the 1973 Roe v. Wade, which made abortion legal nationwide, as a liberal ‘activist’ ruling.”

When the high court issued Citizens United, Justice at Stake said the decision posed grave dangers to America?s elected state courts. You can read the JAS statement by clicking here, or click here to see the JAS amicus brief in the case.

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