[EL] "Ready for a surprise? Money DOES equal access in Washington"

Eric Lycan Eric.Lycan at steptoe-johnson.com
Tue Mar 11 11:58:26 PDT 2014


It seems to be an interesting study, but not terribly convincing or scientific.

To the extent it shows that money buys access, it does not show that only money buys access, or even that money buys access in greater degree than do other factors.  (In fact, reading it more closely, it only even shows that money buys access from Democrats - not to be partisan, just to illustrate the point).  For example, would emails differentiating between "local constituents" and "local constituents who are veterans of military conflict" or "local constituents who are crippled children" have produced a statistically significant result?

Many factors could produce that same statistical result, such as identifying factors like "labor union" or "church group", but that does not equate to "corruption".



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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, March 11, 2014 2:22 PM
To: Joe La Rue; law-election at uci.edu
Subject: Re: [EL] "Ready for a surprise? Money DOES equal access in Washington"

There is another view, which is that the Court was wrong in writing that in Citizens United, and the equation of access with corruption in McConnell (and other cases was correct).
Things may change once the Supreme Court changes. That is, the definition of "corruption' depends upon what 5 Justices of the Supreme Court says it means.

On 3/11/2014 11:19 AM, Joe La Rue wrote:
But access DOES NOT equal real or apparent corruption, which as we all know is the only constitutionally cognizable interest in limiting contributions or expenditures.  Indeed, "The fact that speakers may have influence over or access to elected officials does not mean that these officials are corrupt."  Citizens United v. FEC, 130 S.Ct. 876, 910 (2010).

Whether legislators should give greater access to those who make contributions or expenditures is a fair question.  Perhaps we should organize a petition to require the House and Senate to change their rules to require their members to meet with anyone and everyone who requests a meeting.  Of course, that would likely keep the members of the legislature from legislating, which would keep them from spending money we don't have on projects we don't need.

Now that you mention it, where do I sign that petition?

Joe
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