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This morning’s lead editorial in Raleigh’s News & Observer gets it right on the U.S. Supreme Court’s latest campaign finance decision in favor of big money:

“Voting 5-4 along ideological lines, the high court said in McCutcheon v. FEC that the current limit on the aggregate amount individuals can give to candidates violates the First Amendment. The decision lifts the $48,600 limit that an individual could contribute every two years to all federal candidates. It also removed the $74,600 limit on individual contributions to federal party committees. However, the court kept in place the limit on giving to one candidate, $2,600 per primary and general election.

The decision adds to the unfolding catastrophe of the court’s 2010 Citizens United ruling that allowed corporations and labor unions to give unlimited amounts to Political Action Committees and other groups that seek to influence elections and politicians. That decision spawned super PACs and ‘dark money’ groups in which corporations can spend directly to influence elections without having to disclose the source of the money. As a result, non-party, outside spending in 2012 tripled that of 2008….

The McCutcheon decision is especially shameful for the history behind the limits it ends and the evidence of how Citizens United has already warped the nation’s democratic process. The aggregate limits were imposed in response to the Watergate scandal that exposed anew the corrupting effect of campaign cash. That the court did not lift the limits on contributions to individual candidates seems to acknowledge the hazards of unlimited giving in a particular race. Why would that caution not also be applied to having wealthy contributors giving the maximum amount to an unlimited number of candidates?

Further, the court continued to spill more money into politics even as giving allowed by Citizens United is turning elections into auctions. Concentrations of wealth – whether held by corporations or the ever-soaring 1 percent – are distorting election issues with misleading and deceptive ads and subverting the ability of the popular will to make itself heard at the polls.”

Read the rest of the editorial by clicking here.

newsobserver.com/2014/04/02/3753198/mccutcheon-ruling-compounds-damage.html?sp=/99/108The McCutcheon decision is especially shameful for the history behind the limits it ends and the evidence of how Citizens United has already warped the nation’s democratic process. The aggregate limits were imposed in response to the Watergate scandal that exposed anew the corrupting effect of campaign cash. That the court did not lift the limits on contributions to individual candidates seems to acknowledge the hazards of unlimited giving in a particular race. Why would that caution not also be applied to having wealthy contributors giving the maximum amount to an unlimited number of candidates?Further, the court continued to spill more money into politics even as giving allowed by Citizens United is turning elections into auctions. Concentrations of wealth – whether held by corporations or the ever-soaring 1 percent – are distorting election issues with misleading and deceptive ads and subverting the ability of the popular will to make itself heard at the polls.

Read more here: http://www.newsobserver.com/2014/04/02/3753198/mccutcheon-ruling-compounds-damage.html?sp=/99/108/#storylink=cpy

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This morning the U.S. Supreme Court heard arguments in McCutcheon v. FEC, the case challenging overall limits on campaign contributions, and already the tea-leaf reading has begun.

The consensus?  The four justices on the liberal wing (Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan) favor upholding the law;  Justice Anthony Kennedy is unpredictable; and the four justices on the conservative wing (John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito) are in favor of striking down the limits (although Roberts might be looking for a compromise).

From the New York Times:

The justices seemed to divide along familiar ideological lines.

“By having these limits, you are promoting democratic participation,” Justice Ruth Bader Ginsburg said. “Then the little people will count some.”

Justice Antonin Scalia responded, sarcastically, that he assumed “a law that only prohibits the speech of 2 percent of the country is O.K.”

Chief Justice John G. Roberts Jr., who probably holds the crucial vote, indicated that he was inclined to strike down overall limits on contributions to several candidates, but not a separate overall limit on contributions to several political committees.

From Scotusblog:

The Justices who favor limits on campaign donations seemed to believe that the current system is corrupting in favor of the rich, but that they still would like some harder information on just how that happens.  And the Justices who favor the freer flow of money into federal campaigns seemed to think there are enough safeguards against corruption already and that any more will stifle political expression, of the not so rich, too.  But anything like a consensus that could attract five votes eluded both sides.

Read more about the McCutcheon case here.

The U. S. Supreme Court will open its new term in October with another blockbuster case involving campaign financing.

McCutcheon v. FEC (called “Citizens United II” by some), scheduled for argument on Oct.8, involves a challenge to limits on individual donor contributions.  In 2012, the overall contribution limit for a single donor in the 2012 election cycle was $70,800 to all party committees and $46,200 to all federal candidates.

Conservative Alabama activist Shaun McCutcheon and the Republican National Committee want to have lots more money flowing into elections and have asked the Court to overrule years of precedent upholding such limits.

Here’s a little history on the regulation of contributions and a warning on just why this case — even more than Citizens United — is such a threat to democracy,courtesy of  this opinion piece in today’s Politico:

 In the wake of Watergate, Congress in 1974 enacted comprehensive new campaign finance laws that included limits on individual contributions to candidates and an overall limit on the total amount an individual could give to all federal candidates and parties.

The Supreme Court in 1976 in Buckley v. Valeo explicitly upheld the constitutionality of the overall contribution limit, as well as the individual contribution limits.

Since then, the Supreme Court has never struck down a federal contribution limit. Instead, the court has relied repeatedly on Buckley to hold that large contributions create opportunities for corruption and therefore can be subject to limits consistent with the First Amendment.

We’ll have more on this and other cases queued for argument in the new term in the coming weeks.