James Bopp Jr., the Indiana lawyer behind the Citizens United case, teams up with former Supreme Court Justice Anthony Kennedy, known for his pivotal swing votes. They delve into the strategies that reshaped campaign finance law, exposing the intricate legal maneuvers and historic influences at play. The discussion highlights the profound effects of Citizens United on democratic processes and the rise of dark money in politics. With insights into the ongoing debate on transparency and corporate influence, this conversation uncovers the complexities of modern electoral dynamics.
James Bopp Jr. strategically linked anti-abortion efforts with a campaign for deregulating campaign finance to mobilize financial resources.
The Citizens United v. FEC ruling marked a watershed moment, enabling corporations to spend unlimited funds on political advertisements.
Justice Anthony Kennedy's pivotal swing vote in Citizens United equated money with free speech, reshaping the landscape of political funding.
Deep dives
The Foundation of James Bopp's Career
James Bopp, a prominent attorney known for his extensive work in campaign finance law, emphasizes his roots in Terre Haute, Indiana, a location he chose for its conservative cultural values despite its political leanings. His family background influenced his conservative philosophy, particularly regarding issues like abortion, which his father deemed immoral based on his medical ethics. After earning his law degree, Bopp actively sought to affect political change by getting involved with the National Right to Life Committee, where he fought against abortion laws through sophisticated lobbying and public pressure. Recognizing the limitations imposed by existing campaign finance regulations, Bopp linked his efforts against abortion to a campaign for deregulation, aiming to mobilize financial resources to support anti-abortion candidates and judges.
Deregulating Campaign Finance: A Strategic Approach
Bopp's strategic plan to deregulate campaign finance was inspired by historical civil rights activism, particularly the NAACP's approach in legal battles led by Thurgood Marshall. By filing numerous cases and closely studying Supreme Court justices' ideologies, particularly Justice Anthony Kennedy, Bopp sought opportunities to challenge existing laws. His advocacy clashed with various campaign finance restrictions, leading to pivotal Supreme Court cases that tested the boundaries of political speech and funding. Bopp's dual focus on abortion and campaign finance formed a unique strategy that aimed to dismantle decades of regulatory law, aligning with conservative judiciary perspectives.
The Importance of the Citizens United Case
The Citizens United v. FEC case marked a significant moment in American campaign finance law, originating from a conservative group's desire to air a politically charged film about Hillary Clinton. Bopp played a crucial role by leveraging his legal background to push this case through, navigating the complexities of campaign finance regulations. The Supreme Court's eventual ruling, which favored Citizens United, dramatically reshaped the landscape of political funding, allowing corporations to spend unlimited amounts on political advertisements. This decision was hailed by conservatives as a triumph for free speech, yet it opened the floodgates for dark money in politics, raising concerns about the corrosive effects of such financial influence on democracy.
The Role of Justice Anthony Kennedy
Justice Anthony Kennedy emerged as the pivotal swing vote in several key Supreme Court rulings, including the Citizens United case, where he played an essential part in redefining the relationship between money and political speech. Despite his previous decisions upholding some campaign finance laws, Kennedy's opinion in Citizens United articulated a stance that equated money with free speech, thereby diminishing the government's ability to regulate campaign contributions. This shift signaled a new era where corporate funding of elections was normalized, raising alarms among critics about the potential for corruption and the erosion of democratic principles. Kennedy's past relationships and lobbying experience suggested a deeper understanding of the implications of campaign financing, aligning him with conservative interests and paving the way for unprecedented corporate influence in politics.
Consequences of the Citizens United Ruling
The aftermath of the Citizens United decision led to a dramatic increase in unregulated political spending, fundamentally altering the electoral landscape in the United States. Critics, including legislators and advocacy groups, warned that the ruling would empower special interests and diminish the voices of average citizens in the political process. The emergence of dark money groups and super PACs became rampant, as organizations found loopholes to finance political campaigns without disclosing their donors. This transformation highlighted the contentious debate over the integrity of American democracy, as many feared the ruling facilitated a system where economic power overshadowed the democratic will of the people.
An anti-abortion legal activist starts using the federal courts to chip away at campaign finance restrictions, setting his sights on the Supreme Court. Indiana lawyer James Bopp Jr. engineers the Citizens United case and hand-tailors it for Justice Anthony Kennedy’s storied swing vote — setting him up for an explosive 5-4 ruling that would devastate campaign finance law.
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