Category: Const Law Issues

“Chicken Little, Inc.” and reaction to Citizens United

In this post, the Wyoming Legal Foundation’s Ben Barr (also affiliated with the Center for Competitive Politics) describes a “professional campaign of fear and loathing” in response to Citizens United. Mr. Barr’s brief (on behalf of the Wyoming Legal Foundation and the Goldwater Institute) was cited in Citizens United in support of the Court’s conclusion […]

Kennedy and Citizens United

The Post discusses Justice Kennedy’s opinion in Citizens United here. With the departure of Justice Sandra Day O’Connor, he has become the pivotal player on a court that often divides into Team Roberts — with Antonin Scalia, Clarence Thomas and Alito — and Team Stevens: Ruth Bader Ginsburg, Stephen G. Breyer and rookie Sonia Sotomayor […]

Slicing and dicing the First Amendment

There’s apparently no time to waste for some who disagree with the Supreme Court’s opinion in Citizens United. Peter Shane drafted this constitutional amendment to overrule Citizens United and Bellotti. Sec. 1. Notwithstanding any other provision of this Constitution, Congress may prohibit or otherwise regulate political contributions and expenditures by commercial, for-profit corporations for any […]