James Bopp, an attorney and key architect behind Citizens United, discusses the monumental Supreme Court case that reshaped campaign finance in the U.S. He highlights the case's origins and the interplay between anti-abortion activism and political financing. The conversation dives into the rise of dark money in elections, the machinations behind the ruling, and the implications for democracy. Bopp also reflects on the legal strategies that transformed how candidates are funded, showcasing the ongoing battle for transparency in political campaigns.
The Citizens United ruling has drastically transformed campaign financing, enabling over $58 billion in spending on congressional campaigns over the past 15 years.
Attorney James Bopp's strategic litigation efforts reshaped campaign finance laws, emphasizing the deregulation of spending to support anti-choice candidates.
Justice Anthony Kennedy's pivotal role as a swing vote significantly influenced the Supreme Court's decision, facilitating corporate political spending under the First Amendment.
Deep dives
The Impact of Citizens United on Campaign Financing
The Citizens United ruling has drastically transformed the landscape of campaign financing, enabling significant expenditures in elections. Since the ruling, over $58 billion has been spent on congressional campaigns, averaging more than $10 million daily across 15 years. The 2024 election notably became the most expensive in history, illustrating the power of mega donors in politics. Approximately half of Donald Trump's financial support stemmed from just ten wealthy contributors, demonstrating how the ruling facilitated financial power's influence over electoral outcomes.
James Bopp's Role in Campaign Finance Law Changes
Attorney James Bopp played a crucial role in reshaping campaign finance laws through strategic litigation. Initially conservative and anti-abortion focused, Bopp recognized the need for deregulating campaign finance to empower his political goals. Drawing inspiration from civil rights strategies, he began filing lawsuits aimed at dismantling existing campaign finance restrictions that stood in the way of getting anti-choice candidates elected. His work culminated in significant Supreme Court cases, particularly the FEC v. Wisconsin Right to Life, which systematically chipped away at campaign finance regulations.
Anthony Kennedy's Influence on Key Supreme Court Decisions
Justice Anthony Kennedy emerged as a pivotal figure in the Supreme Court, notably after the appointment of John Roberts and Sam Alito. He shifted from being a relatively moderate voice to the key swing vote on critical cases concerning campaign finance and free speech. Kennedy's alignment with conservative justices positioned him favorably for considering cases that would overturn decades of campaign finance laws. His ruling in favor of Citizens United marked a significant ideological departure, allowing corporations to influence elections with unregulated spending.
The Citizens United Case and Its Aftermath
The Citizens United case, which involved a politically charged documentary about Hillary Clinton, emerged as a focal point for the debate over money in politics. Initially brought forth by conservatives to challenge campaign finance laws, the case led to the Supreme Court ruling that politicized corporate spending under the First Amendment. Following this ruling, a surge of dark money in elections ensued, enabling anonymous special interest groups to influence political outcomes significantly. Critics, including prominent politicians, expressed alarms over the ensuing loss of transparency and the potential threat to democratic processes.
Responses and Reactions to the Ruling
The Citizens United ruling elicited widespread criticism from various political leaders and reform advocates, fearing the overwhelming influence of money in politics. President Obama, during a State of the Union address, articulated concerns that the ruling would open floodgates for special interests to dominate elections. Efforts to pass subsequent legislation, such as the Disclose Act, aimed to enhance transparency in campaign financing but faced stiff opposition from Republican lawmakers. The ruling not only reshaped campaign finance dynamics but also ignited ongoing debates about the fundamental nature of democracy and electoral integrity.
Fifteen years ago this week, the U.S. Supreme Court handed down a ruling that fundamentally changed American politics — In a 5-4 judgment in Citizens United v FEC, the court struck down restrictions on corporate spending in elections and paved the way for the mountains of dark money in our politics today. But there’s more.
In The Lever’s recent series Master Plan, David Sirota and a team of journalists dove deep into the litigious roots of the Citizens United case, starting with the nearly-forgotten story of a small-town Indiana lawyer, as well as the vast political consequences of the high court’s landmark decision. Today on Lever Time, we’re sharing that episode with listeners to mark the anniversary of the ruling.
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