[EL] Breaking News: Summary Reversal in Montana

[Daniel Abramson]

Jim,

The problem with the statement that "independent expenditures are never
corrupting as a matter of law" is that it ignores Caperton.  Rather than
issue a per curiam decision, it would be more helpful if the Court
explained why the facts alleged by the State of Montana are more similar to
the facts in Citizens United than the facts in Caperton.  Without that
analysis, we are left guessing.

Though I think we can assume that judicial elections are somehow
"different" and therefore subject to a different analysis, there Court has
never adequately explained why this should be true.

Daniel


On Mon, Jun 25, 2012 at 7:33 AM, <JBoppjr at aol.com> wrote:

> **
>     The per curiam decision says that "Montana's arguments in support of
> the judgment below either were already rejected in *Citizens United* or
> failed to meaningfully distinguish that case."  This closes the door on the
> argument that unique facts in a certain state can be employed to overturn
> *CU*.  Further, it means that independent expenditures are never
> corrupting as a matter of law.
>
>     Justice Breyer says that there is no prospect that the majority of the
> Court will reconsider *CU*.
>
>     This is an excellent result.  Jim Bopp
>
>  In a message dated 6/25/2012 10:10:43 A.M. Eastern Daylight Time,
> tokaji.1 at osu.edu writes:
>
>  5-4 according to SCOTUS blog<http://electionlawblog.org/wp-admin/www.scotusblog.com>,
> which is live-blogging <http://scotusblog.wpengine.com/>.  Justice Breyer
> wrote the dissent.****
>
> ** **
>
> Daniel Tokaji ****
>
> Robert M. Duncan/Jones Day Designated Professor of Law****
>
> The Ohio State University | Moritz College of Law****
>
> 55 W. 12th Ave. | Columbus, OH 43210****
>
> 614.292.6566 | tokaji.1 at osu.edu****
>
> ** **
>
>
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