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Supreme Court Delays Decision on Campaign Financing

Mon, 12/14/2009 - 10:12 Jesse Nankin
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U.S. Supreme Court

There will be no decision in 2009 for the potentially landmark case brought by the non-profit group Citizens United against the Federal Election Commission, reports Politico. The case challenges a long-standing law that places a cap on the amount of money unions and corporations can contribute to campaigns. If the Supreme Court relaxes these limits (in the name of the First Amendment), the landscape of campaign finance could change dramatically:
 
[I]t could allow power companies to spend millions on ads accusing congressmen who supported climate change legislation of trying to increase electric rates and urging votes against them, or unions to buy airtime to support primary challenges to conservative Democratic senators who opposed the labor-backed Employee Free Choice Act.
 
But it’s more likely that corporations and unions would write big checks to outside groups to pay for so-called independent expenditure ads supporting or opposing candidates, asserted Jason Torchinsky, a Republican election lawyer who served as general counsel for Rudy Giuliani’s 2008 presidential campaign and also represents conservative political groups....
 
A sweeping ruling could also embolden wealthy donors who in recent years had shied away from writing big checks to outside groups after the FEC issued millions of dollars in fines against outside groups that aired aggressive attack ads in 2004 against then-President George W. Bush and his Democratic rival John Kerry, including Democratic-leaning groups MoveOn.org Voter Fund and the George Soros-backed America Coming Together, as well as the Republican-supporting groups Progress for America Voter Fund and Swift Boat Veterans for Truth.
 
Should the Court rule in favor of Citizens United, President Obama is expected to return to his campaign promise to implement stricter campaign finance rules.



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