[EL] Breaking News: Summary Reversal in Montana

[JBoppjr at aol.com]

Caperton involves recusal of a judge based on bias against  parties.  It 
has nothing to do with quid-pro-quo corruption in  CU.  Further, CU rejected 
this argument on that  grounds.  JIm
 
 
In a message dated 6/25/2012 1:19:53 P.M. Eastern Daylight Time,  
danielkabramson at gmail.com writes:

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_ 
(mailto: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_ (mailto: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_ (tel:614.292.6566)  | _tokaji.1 at osu.edu_ 
(mailto:tokaji.1 at osu.edu)  



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