Citizens United, Overruling Austin, and the Chamber of Commerce

DSC_1320A recent PrawfsBlawg post discusses the recent controversy surrounding companies leaving the Chamber of Commerce and the Court’s consideration of Citizens United. Bill Araiza concludes:

If the Citizens United opinion does in fact overrule Austin, it will be interesting to see what, if any, use the Court will make of this example.  If I had to guess I’d say they wouldn’t mention it; still, it would be awfully tempting to note, in the course of overruling Austin, that the national affiliate of the very organization to which the stakeholder protection rationale was applied in Austin is apparently experiencing the very exit that Austin thought was sufficiently problematic as to justify an infringement on corporations’ political speech rights.

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