I think we can all guess what my answer is regarding whether “energies [should] go into effective bills in XYZ States?” ;->

 

But for the record, the disclosure portions of Citizens United got 8 votes – it was the one part that Souter, Ginsburg, Stevens, and Sotomayor signed onto.

 

Also, when it comes to the First Amendment and campaign finance, Kennedy IS one of the “radicals,” at least as I believe the term is being used here. Maybe not as radical as me, though. ;->

 

 

 

Rick is right (his posting several days ago) about who are the culprits responsible for how sad is the current Disclosure picture (with major blame on Ds, in House as well as Senate).  Rick disagrees with leading jurisprude Joe Conason’s foolishly blaming Justice Kennedy for the current state of disclosure.  Critic Conason ignores that the Kennedy opinion’s treatment on disclosure got only four votes, Thomas not joining that part.   And the critic ignores the high odds that if Kennedy hadn’t authored the opinion, one of the radical Justices woulda, probably with damage to disclosure.  Ironically, Conason accuses Kennedy of “naïvete”.

 

In a posting last week I noted the DISCLOSE bill’s five fatal flaws.  With that bill, my party’s Members of Congress blew our best opportunity to update disclosure law.  Given that after the election it will be even harder (for several reasons) to change FECA, let’s remember the States.  Even in the many pro-disclosure States, requirements have been obsolete (at least since WRTL) in being limited to “express advocacy” ads.  Never has more public attention been given to the need for disclosure.  Shouldn’t energies go into effective bills in XYZ States? 

 

Roy A. Schotland

Professor Emeritus

Georgetown Law Center

600 New Jersey Ave. N.W.

Washington, D.C. 20001

202/662-9098

        fax: -9680