Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Breaking: Federal judge rules corporate donation bans unconstitutional
Hotair ^ | 05/27/2011 | Ed Morrissey

Posted on 05/27/2011 10:05:18 AM PDT by SeekAndFind

The reach of Citizens United v FEC just got longer, if only temporarily. Relying on the controversial ruling, a federal judge in Virginia threw out part of an indictment against two men accused of secretly reimbursing donors to Hillary Clinton with corporate cash. Judge James Cacheris ruled that Citizens United established that corporations have a right to donate to political campaigns, as well as to spend their own money:

A judge has ruled that the campaign finance law banning corporations from making contributions to federal candidates is unconstitutional. …

Cacheris says that under last year’s Citizens United Supreme Court case, corporations enjoy the same right as people to contribute to campaigns.

When Barack Obama accused the Supreme Court of overturning a century of precedent, he was very much incorrect. Citizens United only addressed about a decade’s worth of precedent that forbade corporate spending on political advertising, not contributions to candidates. Precedent prohibiting the latter does go back more than a century, however, and Cacheris’ decision would undo all of it, if upheld.

That’s a mighty big if, though. The appellate court will almost certainly take a dim view of that kind of interpretation from Citizens United. Either way, though, this issue will be on its way once more to the Supreme Court, which will have to decide whether to endorse this interpretation or to limit Citizens United to expenditures and exercise stare decisis on contributions. I’d call this a long shot to be upheld on any level, but it will make for an important — and entertaining — debate.

Since people will undoubtedly wonder, Cacheris is a Reagan appointee from 1981 and has been a senior jurist on the circuit since 1998.



TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 1stamendment; cacheris; citizensunited; corporatespeech; corporations; donations; donors; fec; freespeech

1 posted on 05/27/2011 10:05:24 AM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind

The spice must flow....................


2 posted on 05/27/2011 10:13:18 AM PDT by Red Badger (Jesus said there is no marriage in Heaven. That's why they call it Heaven............)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
I wonder how this ruling would affect Tom DeLay's case?
3 posted on 05/27/2011 10:15:55 AM PDT by E. Pluribus Unum (If Sarah Palin really was unelectable, state-run media would be begging the GOP to nominate her.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum
DeLay should have never been charged to begin (the law he was accused of breaking wasn't even in effect at the time).

Former Travis County DA Ronnie Earl made engaging in politics a crime... a crime that only republicans can be indicted on/found guilty over.

I trust the guilty verdict will be thrown out on appeal and DeLay gets his good name back.

4 posted on 05/27/2011 10:33:37 AM PDT by Trajan88 (www.bullittclub.com)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Red Badger

that was my thought...

wall street must be jumping for joy on the crony capitalism invenstments.


5 posted on 05/27/2011 10:42:13 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind
Cacheris says that under last year’s Citizens United Supreme Court case, corporations enjoy the same right as people to contribute to campaigns.

Amen.
6 posted on 05/27/2011 10:43:15 AM PDT by arderkrag (Georgia is God's Country.----------In the same way Rush is balance, I am consensus.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

If corporations are legal “persons” what’s to stop the commies from demanding that unions be treated as legal “persons” too? Double-edged sword alert.


7 posted on 05/27/2011 10:47:45 AM PDT by SoCal SoCon (Conservatism =/= Corporatism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: longtermmemmory

“wall street must be jumping for joy on the crony capitalism investments”

You mean because the “spice” that has been “flowing” without restriction or excuse by the broadcast media network corporations, through their massive in-kind contributions via their on-air and content bias, will now flow, on equal terms, with other corporations as well?

One man’s “crony” is just another man’s supporter.


8 posted on 05/27/2011 10:52:26 AM PDT by Wuli
[ Post Reply | Private Reply | To 5 | View Replies]

To: Trajan88
I trust the guilty verdict will be thrown out on appeal and DeLay gets his good name back.

Yes, but then can he pursue criminal charges against Ronnie Earl? That would appear to be as clear cut a case of prosecutorial malpractice as one could imagine.
9 posted on 05/27/2011 10:58:34 AM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 4 | View Replies]

To: SoCal SoCon
If corporations are legal “persons” what’s to stop the commies from demanding that unions be treated as legal “persons” too? Double-edged sword alert.

The Supreme Court's Citizens United decision explicitly states that it applies to unions as well as corporations.

10 posted on 05/27/2011 10:59:39 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Trajan88
Your hero Tom DeLay: DeLay declares ‘victory’ in war on budget fat (2005)
11 posted on 05/27/2011 11:12:28 AM PDT by newzjunkey (teleprompter + autopen in chief.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: SeekAndFind

Corporations are an extension of the State and/or the Federal government and as such enjoy certain benefits and protections not afforded a citizens or private companies.

Corporations shouldn’t be allowed to promote the same government that oversees them. Allowing lobbyists is bad enough.


12 posted on 05/27/2011 11:19:53 AM PDT by Razzz42
[ Post Reply | Private Reply | To 1 | View Replies]

To: longtermmemmory

This is actually a Good Thing. The corporations had been forbidden to donate because many of them had the unpleasant habit of not giving it all to the Dems. On the other hand, unions were specifically exempted from the restriction and could give as much as they wanted to.

This will level the playing field and perhaps make the process more transparent.


13 posted on 05/27/2011 11:43:03 AM PDT by livius
[ Post Reply | Private Reply | To 5 | View Replies]

To: newzjunkey
I don't like seeing people I think innocent being railroaded by a thug district attorney, but what do I know I'm just a "simple" dude here in North Texas with one vote.

My representative then/now is Sam Johnson... a true, real American hero.

14 posted on 05/27/2011 12:08:17 PM PDT by Trajan88 (www.bullittclub.com)
[ Post Reply | Private Reply | To 11 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson