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The Mechanics
« Negotiating with Doom in the Schools Debate Another Year Passes for Congress Hotel Strikers »

Law Mon Jun 25 2012

Supreme Court Decision on Montana Statute Could Effect Local, State Elections

Taking the opportunity to go out of lockstep, the Montana Supreme Court upheld a state statute forbidding corporate expenditures on elections or political questions, sourced in the destabilizing political power held by the state's old mining interests going back to its territorial days. The parties challenging the statute appealed to the U.S. Supreme Court on the grounds that the statue conflicted with the Court's decision in Citizens United v. FEC. The case was to be decided without additional briefing or oral arguments. To the question of whether states could regulate corporate spending independently, the Court, in a per curiam decision, let out a disinterested nyope, consisting of about three sentences of legal reasoning:

In Citizens United v. Federal Election Commission, this Court struck down a similar federal law, holding that "political speech does not lose First Amendment protection simply because its source is a corporation." The question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does. Montana's arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case...The judgment of the Supreme Court of Montana is reversed.

Any hopes states had of passing their own uniquely tailored legislation to keep corporate cash out of state and local elections just diminished a little bit. Justice Breyer, joined by the liberal and moderate justices Ginsburg, Sotomayor, and Kagan, dissented.

 

Feature

Parents Still Steaming, but About More Than Just Boilers

By Phil Huckelberry / 2 Comments

It's now been 11 days since the carbon monoxide leak which sent over 80 Prussing Elementary School students and staff to the hospital. While officials from Chicago Public Schools have partially answered some questions, and CPS CEO Forrest Claypool has informed that he will be visiting the school to field more questions on Nov. 16, many parents remain irate at the CPS response to date. More...

Civics

Substance, Not Style, the Source of Rahm's Woes

By Ramsin Canon / 2 Comments

It's not surprising that some of Mayor Emanuel's sympathizers and supporters are confusing people's substantive disputes with the mayor as the effect of poor marketing on his part. It's exactly this insular worldview that has gotten the mayor in hot... More...

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About Mechanics

Mechanics is the politics section of Gapers Block, reflecting the diversity of viewpoints and beliefs of Chicagoans and Illinoisans. More...
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Editor: Mike Ewing, mike@gapersblock.com
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