US Elections: Supreme Court May Rule to Allow Unlimited Corporate Funding "The American people are powerless to stop corporations from influencing state and federal elections.
The U.S. Supreme Court may rule on Tuesday, December 8th, or in the coming weeks, in the case of Citizens United v. FEC, that the American people are powerless to stop corporations from using corporate funds to influence state and federal elections. The restrictions on corporate expenditures in elections contained in the federal Bipartisan Campaign Reform Act (known as BCRA or "McCain-Feingold") would then be violations of the First Amendment protections of free speech. To make this ruling, the Supreme Court would have to overrule two previous cases, including a 2003 decision, McConnell v. FEC, and a 1990 decision, Austin v. Chamber of Commerce, where the Court ruled that a Michigan law limiting corporate expenditures in elections did not violate the First Amendment.
Such a ruling would dramatically expand the new "corporate rights" doctrine that has transformed the First Amendment in recent years, and expose an already-corrupted political process to a new flow of billions of dollars of corporate money. The new ruling would dramatically dilute the vote and the voice of every American who does not control a large corporate treasury. Corporate profits alone - - after taxes - - amounted to over $1.1 trillion in 2006. (Statistical Abstract of the United States 2008, Table 767). The average House candidate in 2008 spent $1.3 million, and the average Senate candidate spent $3.1 million. (Center for Responsive Politics, Price of Admission, 2008).
The courts have used the fabrication of the First Amendment corporate rights doctrine to strike down a range of democratic enactments in recent years, from those concerning clean and fair elections; to environmental protection and energy; to tobacco, alcohol, pharmaceuticals, and health care; to consumer protection, lottery, and gambling; to race relations, and much more. A coalition of organizations plans to launch a campaign to undo this doctrine immediately following a ruling in Citizens United v. FEC.
Available for Interviews:
John Bonifaz, jbonifaz@voteraction.org , 617-529-4611
Jeff Clements, jclements@clementsllc.com , 978-287-4901, 617-281-5350
Jamin Raskin, raskin@wcl.american.edu , 202-274-4011