It certainly seems fair to conclude, even prior to empirical proof,
that Jim Bopp's landmark litigation to remove corporate limits in
campaign finance was not a moot case or an academic case with nothing
truly at issue. Corporations freed from these limits would naturally
take advantage of that freedom.
Because I believe Congress did not set totally meaningless limits on
corporate contributions and that Jim Bopp doesn't bring moot cases not
capable of repetition, the only real question is by how much past
corporate expenditures increase in given major election periods, not
if they are increasing.
Paul Lehto, J.D.
On 9/28/10, JBoppjr@aol.com <JBoppjr@aol.com> wrote:
"Who _turned on_ (http://www.slate.com/id/2221753/) the corporate spigot?
_Oh yeah_ (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620576) ."
I don't think the AP report supports Rick's conclusion.
First, the article says the spending is "financed in part by
corporations and millionaires," but provides no further info on how much
was from
corporations. Before CU, "millionaires" could do this. It is misleading to
point to corporations as the source.
Second, the article says "The GOP is getting additional help from some
groups that don't even weigh in directly in congressional races. Americans
for Prosperity, a conservative group started by billionaire conservative
_David Koch_
(http://topics.nytimes.com/top/reference/timestopics/people/k/david_h_koch/index.html?inline=nyt-per)
, has spent about $5.5 million in key
House battlegrounds with ads that don't mention candidates but criticize
Obama's policies." Of course these issue ads by corporations were legal
before CU.
So the article does not support the implication that this is post-CU-
enabled corporate spending. Jim Bopp
In a message dated 9/28/2010 12:09:56 A.M. Eastern Daylight Time,
hasenr@gmail.com writes:
September 27, 2010
"GOP Groups Overwhelm Dems With Political Ads"
_AP_
(http://www.nytimes.com/aponline/2010/09/27/us/politics/AP-US-Campaign-Outside-Money.html?ref=politics)
: "Just five weeks from midterm
elections, groups allied with the Republican Party and financed in part by
corporations and millionaires have amassed a crushing 6-1 advantage in
television
spending, and now are dominating the airwaves in closely contested
districts
and states across the country."
Who _turned on_ (http://www.slate.com/id/2221753/) the corporate spigot?
_Oh yeah_ (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620576) .
Posted by Rick Hasen at _09:02 PM_
(http://electionlawblog.org/archives/017152.html)
"As Laws Shift, Voters Cast Ballots Weeks Before the Polls Close"
The NY Times offers _this report_
(http://www.nytimes.com/2010/09/28/us/politics/28voting.html?ref=politics) .
Posted by Rick Hasen at _08:56 PM_
(http://electionlawblog.org/archives/017151.html)
NYT: Sen. Murkowski Could "Well Pull Off" a Write-in Victory
See _here_
(http://www.nytimes.com/2010/09/28/us/politics/28alaska.html?ref=politics) .
Posted by Rick Hasen at _08:53 PM_
(http://electionlawblog.org/archives/017150.html)
"New 'Super Pacs' bringing millions into campaigns"
WaPo _reports_
(http://www.washingtonpost.com/wp-dyn/content/article/2010/09/27/AR2010092706500.html)
.
Posted by Rick Hasen at _08:47 PM_
(http://electionlawblog.org/archives/017149.html)
Tony Mauro Gets Results!
Following up on _this post_
(http://electionlawblog.org/archives/017133.html) , a West Virginia state
supreme court justice has, on further
consideration, reversed himself and decided to recuse in a case, citing
Tony Mauro's
earlier post on the case. (Original _story_
(http://legaltimes.typepad.com/blt/2010/09/new-recusal-controversy-in-west-virginia-high-court.html)
: "A
West Virginia Supreme Court justice has refused to take himself out of a
case involving the state cap on non-economic damages, even though he pledged
during his election campaign that he would never vote to overturn the law
imposing the cap."). And the justice is not happy about the power of the
blogosphere, which he says forced him to recuse in this case:
"Upon further reflection, I am disqualifying myself from the above case. I
strongly believe there is absolutely no legal basis for my
disqualification. See Republican Party of Minnesota v. White, 536 U.S. 765
(2002).
However, it appears to me that the lawyers who moved to disqualify me are
attempting to create a 'firestorm' by assaulting the integrity and
impartiality of
West Virginia's Supreme Court.
"I promptly sent my disqualification response to the lawyers on September
23, 2010. The next day my response appeared in a Washington internet blog.
(See copy attached.) How did a blog so quickly get my disqualification
memorandum which was sent only to the lawyers in the case? Why is it
newsworthy
that a West Virginia judge previously exercised his right of Freedom of
Speech?
"The blog did not have the decency to publish my First Amendment rationale
as authorized by Republican Party of Minnesota v. White, or quote the
legal rationale from White set out in my memorandum.
"I could care less if the blogs or press crucify me personally. However, I
believe the lawyers are pulling the press's strings to place our Court in
an unfavorable light. A lot of hard work has been accomplished to keep the
Court out of the limelight since I took office on January 1, 2009. I don't
want our Court to be publicly maligned by those with a 'win-at-all-cost'
mentality. I disqualify myself from this case."
Posted by Rick Hasen at _08:40 PM_
(http://electionlawblog.org/archives/017148.html)
"Anti-gay marriage group sues over RI election law"
AP offers _this report_
(http://newsblog.projo.com/2010/09/anti-gay-marriage-group-sues-o.html)
about how NOM wants to to run ads in the Rhode Island
governor's race but not comply with laws imposed on political committees.
A press release I received said the pleadings are on the James Madison
Center's _website_ (http://www.jamesmadisoncenter.org/) , but so far I don't
see
them there.
UPDATE: There's also a NOM challenge in Florida, which I think will
eventually appear on the Center's web page.
Posted by Rick Hasen at _01:08 PM_
(http://electionlawblog.org/archives/017147.html)
"Poverty and Political Participation: Overcoming the Registration Barrier"
Brenda Wright _blogs_ (http://www.acslaw.org/node/17098) at the ACS blog.
Posted by Rick Hasen at _01:00 PM_
(http://electionlawblog.org/archives/017146.html)
American Crossroads Raised 91% of Its Money from Just 3 Billionaires
Salon _reports_
(http://www.salon.com/news/politics/war_room/2010/09/20/rove_group_more_millionaire_donations/index.html)
.
Posted by Rick Hasen at _12:56 PM_
(http://electionlawblog.org/archives/017145.html)
--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
_rick.hasen@lls.edu_ (mailto:rick.hasen@lls.edu)
_http://www.lls.edu/academics/faculty/hasen.html_
(http://www.lls.edu/academics/faculty/hasen.html)
_http://electionlawblog.org_ (http://electionlawblog.org/)
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