Citizens United

Citizens United President Claims Decision “Leveled the Playing Field”

Today Right Wing Watch reported on Citizens United president David Bossie bragging that the Supreme Court decision bearing the organization’s name “leveled the playing field, and we’re very proud of the impact that had in last night’s election.”

It’s pretty hard to figure how Citizens United, the 2010 decision that opened the floodgates for unlimited outside political spending, could be understood to have “leveled the playing field.” As outside spending has skyrocketed in the years since that disastrous decision, it has become increasingly hard to hear the voices of everyday Americans over the roar of big money. Far from leveling the field, decisions like Citizens United have drastically tilted the field even more toward wealthy special interests and away from ordinary people.

But Bossie is right about one thing: Citizens United certainly had a big impact on the 2014 midterms. In an election where Republicans beat Democrats across the board, the millions spent by conservative outside groups “dwarfed” that spent by liberal groups, Politico’s Kenneth Vogel noted today. “Establishment Republican money finally got what it paid for,” he wrote.

That Bossie is proud of the decision’s impact on an election expected to go down as the most expensive midterm in history reveals a very different agenda behind the conservative organization’s work. Hint: it’s not about a level playing field.
 

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Ensuring accountability in a post­-Citizens United era

The Supreme Court’s 2010 Citizens United decision was quickly followed by warnings of the disastrous consequences of opening the floodgates for corporate spending in future elections, but few would have predicted something as bizarre as what was recently discovered in Delaware.

“Restoring Our Future,” a pro-Romney Super PAC, recently received a generous donation of $1 million from W Spann LLC. However, little is known about the firm that only operated in the state for a period of four months, including even the most basic information about its owners. And experts suggest that this arrangement may well be illegal.

“If they put money into the corporation specifically for the purpose of making a political donation that would constitute, in my view, illegally making a donation to avoid disclosure,” says Paul Ryan of the Campaign Legal Center.

While individuals can of course make contributions to PACs and other political organizations, there are disclosure laws in place to help voters and watchdogs understand where the money is coming from. But because the owners of this corporation don’t need to make their names public, Ryan and others suspect the mysterious firm, W Spann LLC, was set up in order to make a large contribution and avoid disclosing any information about the money’s origins.

Ryan’s group along with other watchdog organizations such as the Public Campaign Action Fund and Democracy are calling on Delaware Attorney General Beau Biden as well as officials from the Justice Department and FEC to look into this questionable conduct. But as we wait to see what happens next, it’s clear that this is yet one more of the many examples illustrating how destructive the Citizens United decision has been to our democracy.

With the important elections in 2012 a little more than a year away, it is incumbent on our elected officials to enact meaningful remedies to ensure the integrity of our elections is protected.

PFAW

Who's Who in Today's DOMA Hearing

Cross-posted on RIght Wing Watch

Senate Republicans have called Tom Minnery of Focus on the Family, David Nimocks of the Alliance Defense Fund and Ed Whelan of the Ethics and Public Policy Center as witnesses in today’s hearing on the “Defense of Marriage Act.” The groups these witnesses represent have a long record of extreme rhetoric opposing gay rights:

CitizenLink, Focus on the Family’s political arm, is a stalwart opponent of gay rights in every arena:

• Focus on the Family has consistently railed against the repeal of Don’t Ask, Don’t Tell, demanding the discriminatory policy’s reinstatement.

• The group claims anti-bullying programs that protect LGBT and LGBT-perceived youth in schools amount to “homosexual indoctrination” and “promote homosexuality in kids.”

• The group insists that House Republicans investigate the Justice Department over its refusal to defend the unconstitutional Section 3 of DOMA.

The Ethics and Public Policy Center is backed by the far-right Sarah Scaife Foundation, the John M. Olin Foundation, the Lynde and Harry Bradley Foundation, and the Koch- backed Castle Rock Foundation, all well-known right-wing funders.

• George Weigel of EPPC wrote in June that “legally enforced segregation involved the same kind of coercive state power that the proponents of gay marriage now wish to deploy on behalf of their cause.”

• Ed Whelan spearheaded the unsuccessful and widely panned effort to throw out Judge Vaughn Walker’s 2010 decision finding California’s Proposition 8 to be unconstitutional on the grounds that Walker was in a committed same-sex relationship at the time of the decision.

The Alliance Defense Fund, which bills itself as a right-wing counter to the American Civil Liberties Union, is dedicated to pushing a far-right legal agenda:

• The ADF has been active on issues including pushing "marriage protection," exposing the "homosexual agenda" and fighting the supposed "war on Christmas."

• The ADF claims 38 “victories” before the Supreme Court, including: Citizens United v. Federal Election Commission, which allows corporations to spend unlimited money on elections in the name of “free speech” and Boy Scouts of America v. Dale (2000), which allowed the Boy Scouts to fire a Scout Leader because he was gay.

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ALEC’s Elections Agenda

Justin wrote earlier today about the trove of model legislation from the American Legislative Exchange Council (ALEC) that the Center for Media and Democracy released today. ALEC, which is funded largely by corporate interests, is a driving force behind a whole lot of state-level legislation that helps out big business at the expense of individual citizens – legislation that curtails workers’ rights, undercuts public education and other essential government services and, most importantly, and big tax breaks to corporations and the wealthy.

The agenda that ALEC helps to spread to state legislatures doesn’t just help give the group’s corporate funders a leg up – it also helps them keep American voters from wresting away any power they have in the electoral process.

The Nation’s John Nichols went through the ALEC legislation and found not only model Voter ID language – variations of which have been introduced in 33 states this year -- but various attempts to keep voters from imposing campaign finance limits:

Beyond barriers to voting, ALEC is also committed to building barriers to direct democracy. Horrified by the success of living-wage referendums and other projects that have allowed voters to enact protections for workers and regulations for businesses, ALEC’s corporate sponsors have pushed to toughen the rules for voter initiatives. “The legislative process should be the principal policy-making vehicle for developing state law,” declares one 2006 resolution, which specifically mentions concerns about state minimum wage laws, taxation and “the funding of other government programs and services.” ALEC’s Resolution to Reform the Ballot Initiatives Process recommends making it harder to qualify referendum language and suggests that proposals on fiscal issues should require supermajorities to become law.

ALEC is also determined to ensure that citizens do not have the final say on who is elected president, an agenda outlined in such documents as its Resolution in Support of the Electoral College and its ardent opposition to the National Popular Vote project (which it has warned would “nationalize elections and unravel Federalism”). A related resolution encourages state legislatures to formally complain that an interstate compact to defer to the popular will “would allow a candidate with a plurality—however small—to become President.” While ALEC worries about the candidate with the most votes winning, it has no problem with policies that increase the likelihood that the candidate with the most money and corporate support will prevail. Its 2009 Resolution Supporting Citizen Involvement in Elections bluntly “opposes all efforts to limit [citizen] involvement by limiting campaign contributions.” A resolution approved last year expresses support for the Supreme Court’s Citizens United ruling. ALEC even opposes moves to give shareholders a say in the expenditure of corporate funds on campaigning. At the same time, ALEC urges legislators to fight the “federal takeover” of state election procedures, objecting in particular to universal standards for voting procedures.

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Disclosure Critics are Missing the Point

Legislative efforts to combat the Supreme Court’s disastrous Citizen’s United decision, which opened the door to unlimited, secretive spending by shadowy groups, have been having a tough time getting past corporate lobbyists and Republicans in Congress. First, Congress failed to pass the DISCLOSE Act, which would have shed light on the secretive groups that funnel corporate money into American politics. Then, last April they put up such a fuss about a leaked executive order that would require federal contractors to disclose their political spending that the order was put on hold.

Now, another effort to bring some accountability back into post-Citizens United elections is meeting with a predictable response. As reported by Mother Jones, Rep. Anna Eshoo (D-CA) introduced an amendment last Thursday to a defense authorization bill that would legislatively accomplish the proposed Executive Order’s goals. However, such proposals have been criticized by Republicans in Congress such as Rep. Tom Cole (R-OK) for attempting to politicize the contract procurement process. Such critics are missing the point, as Rep. Eshoo points out, because “When contractors can spend money in elections, the contracting process is already politicized.”

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Don’t Speak: The Supreme Court’s New Theory of Free Speech in Elections

Last year, the Supreme Court ruled that corporations have a First Amendment right to spend as much as they want to influence elections. Yesterday, the Court ruled that wealthy candidates and campaign donors have the First Amendment right not to have their spending matched by their opponents.

Welcome to the new logic of free speech in elections.

In a 5-4 decision today, the Supreme Court ruled that a crucial provision of Arizona’s landmark clean elections law, which provides matching funds to publicly financed candidates who are up against particularly well-financed opponents, to be unconstitutional. Why? Because the provision to put publicly financed candidates on even footing with their privately financed opponents “chills” the speech of wealthy individuals and groups who want to pour money into elections.

Yes, if you’re a wealthy person or interest group looking to buy an impact in an election, you might be put off by knowing that, because of matching funds, you would never be able to overwhelm a publicly funded opponent into comparative silence. But, looking at it from the other side, if you’re a candidate who wants to spend your campaign talking to voters rather than donors, you might hesitate to take public financing if you knew you would never be able to even come close the funds of your opponent – without matching funds, the public financing system is all but useless. By taking away the mechanism by which a greater number of candidates can make their voices heard, the Court has stifled speech, rather than protected it.

Justice Elena Kagan, in a zinger-laden dissent, took on the majority’s “more speech is less speech” argument:

The First Amendment's core purpose is to foster a healthy, vibrant political system full of robust discussion and debate. Nothing in Arizona's anticorruption statute, the Arizona Citizens Clean Elections Act, violates this constitutional protection. To the contrary, the Act promotes the values underlying both the First Amendment and our entire Constitution by enhancing the "opportunity for free political discussion to the end that government may be responsive to the will of the people."

People For’s Marge Baker had this to say:

The Roberts Court has once again twisted the Constitution to benefit the wealthy and powerful while leaving ordinary Americans with a diminished voice. Like in Citizens United v. FEC, which prohibited legislatures from limiting corporate spending to influence elections, the Court’s majority has strayed from the text and history of the Constitution in order to prevent citizens from maintaining control over our democracy. The Roberts Court would do well to remember that the Constitution was written to protect democracy for all people, not just the rich and powerful. Today it has ruled not only that the wealthy have a right to spend more but that they have a right that everyone else spend less.


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Netroots Nation Panel: After Citizens United: Combating Corporate Power in Elections

A year and a half after the Supreme Court’s decision in Citizens United, many Americans are upset about the increased corporate power in elections, but are often at a loss about what to do about it. People For will be hosting a panel at Netroots Nation this weekend exploring ways progressives can harness the energy of those who are fed up with unchecked corporate power:

After Citizens United: Combating Corporate Power in Elections
Thursday, June 16th 3:00 PM - 4:15 PM
Panel, L100 I

The Supreme Court's decision in Citizens United vs. FEC handed corporate interests enormous unchecked power in the democratic process. Last November, in the first election since the decision, we saw its real results: outside groups, many of whom kept their donors secret, poured unprecedented amounts of money into campaigns to elect pro-corporate members of Congress. Now, as the GOP House majority attempts to pass radical deregulation and slash social services, corporate interests are seeing a powerful return on their investments. This panel will explore ways that progressives can harness the widespread anger about Citizens United to create strong state- and local-level movements, find solutions at the federal level and prevent corporations from buying the 2012 elections.

The panelists include former Mother Jones publisher Jay Harris, journalist Laura Flanders, United Steelworkers president Leo Gerard, The Nation correspondent John Nichols and Huffington Post reporter Amanda Terkel.

For background on the post-Citizens United elections economy, take a look at our report, Citizens Blindsided: Secret Corporate Money in the 2010 Elections and America’s New Shadow Democracy.

And if you’re in Minneapolis for the conference, stop by our booth in the exhibit hall to say hello and pick up some PFAW swag.

 

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Judge Rules that Corporations Can Give Directly to Candidates

And the Citizens United slippery slope continues…

A judge has ruled that the campaign-finance law banning corporations from making contributions to federal candidates is unconstitutional, citing the Supreme Court's landmark Citizens United decision last year in his analysis.

In a ruling issued late Thursday, U.S. District Judge James Cacheris tossed out part of an indictment against two men accused of illegally reimbursing donors to Hillary Clinton's Senate and presidential campaigns.

Cacheris says that under the Citizens United decision, corporations enjoy the same rights as individuals to contribute to campaigns.

The ruling from the federal judge in Virginia is the first of its kind. The Citizens United case had applied only to corporate spending on campaigning by independent groups, like ads run by third parties to favor one side, not to direct contributions to the candidates themselves.

...

"(F)or better or worse, Citizens United held that there is no distinction between an individual and a corporation with respect to political speech," Cacheris wrote in his 52-page opinion. "Thus, if an individual can make direct contributions within (the law's) limits, a corporation cannot be banned from doing the same thing."

Judge Cacheris – one of President Reagan’s earliest judicial nominees – acknowledged that another court addressing the issue has ruled that Citizens United does not invalidate a ban on corporate campaign contributions.

If the ban on corporate contributions to federal candidates were to be struck down by the Supreme Court, it would deal the biggest blow yet to federal clean elections laws that have been in place for over a century.

The first election after Citizens United turned into a corporate spending free-for-all. But it was just the beginning of what, without correction, may be a new regressive era of money in politics.
 

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New Corporate-Funded ‘Super PAC’ Created By The Man Who Helped Make Citizens United Possible

GOP activist James Bopp Jr. has played a critical role in eviscerating campaign finance regulations throughout his career as a Republican attorney. He successfully argued in FEC v. Wisconsin Right to Life that Congress couldn’t prevent corporations from using money from their general treasuries on so-called “issue ads,” and he initially represented the right-wing group Citizens United in the landmark case that ushered in massive corporate involvement in politics (although he did not argue the case in Supreme Court).

After fighting for the power of corporations to increase their already-substantial role in public affairs, now Bopp is launching a pro-GOP political group that seeks to cash-in on the glut of corporate money. Stephanie Mencimer of Mother Jones reports that Bopp is one of the founders of the newly formed Republican Super PAC and is set to expand corporate involvement in politics to an even greater degree by having candidates participate in the fundraising for undisclosed corporate dollars:

"The different thing here with our PAC is that we are going to harness the political fundraising of candidates and parties," he says. He explains that the committee will allow candidates and parties to fundraise for their campaigns and party organs at the same time they solicit unlimited, anonymous contributions to the super PAC.

Here's how it works: Say House Speaker John Boehner (R-Ohio) approaches the CEO of Exxon for a contribution to his reelection campaign. Under federal law, the CEO can only give Boehner $2,500. In the past, that’s the end of the conversation. But Bopp's plan envisions Boehner and his campaign asking that same donor—and his company—to pony up more money, as much as he wants, for the Republican Super PAC. The donor can even specify that the money be spent supporting Boehner or attacking his opponent. Then Bopp's PAC can buy ads, send out mailings, canvass neighborhoods, and do all the other things a political campaign typically does on Boehner’s behalf.



The Republican Super PAC is the logical outgrowth of Citizens United and a series of other recent court decisions that have overturned long-standing restrictions on corporate campaign spending. Bopp says these rulings allow his new group to go into uncharted campaign finance terrain. "This is perfectly legal," Bopp insists.
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Small Businesses Rally Support for Campaign Finance Transparency

The Obama administration is planning to issue an executive order that would require government contractors to disclose their political contributions. This will at least shed light on whether taxpayer dollars are used to influence elections now that, because of the Citizens United decision, corporations -- including government contractors -- are permitted to spend unlimited money from their general treasuries on elections.

Of course, massive corporations and the U.S. Chamber of Commerce would prefer that these political donations remain a secret in order to preserve their enormous advantage in our current pay-to-play system.

It’s no surprise that their staunch ally Darrell Issa, chairman of the House Oversight & Government Reform committee, is holding yet another politically-motivated hearing, with a stacked witness list, to find out if “President Obama’s proposal would curb free speech and hurt small businesses.”

A coalition of representatives from the American Independent Business Alliance, the American Small Business Council, the South Carolina Small Business Chamber of Commerce and small business owners find this suggestion laughable. In a press telebriefing held this morning, the panel described how it is in fact the exact opposite—the current scenario in which large corporations make political contributions without disclosure requirements – that is detrimental to small business.

Panelists expressed their dismay at how government contracts are awarded to large corporations, when small businesses can provide a better product at significantly lower cost. They wonder what they have to do to get the same sweetheart deals that the large companies with deep pockets and lobbying shops are getting. The problem is that we’ll never know unless these corporations are forced to disclose their political contributions. The fact that they won’t shows that they have something to hide—and Americans would surely demand better stewardship of their tax dollars if they knew that their money was ultimately being used for political purposes instead of on services to benefit the public interest. As Marybeth Gardam, owner of EarthStuff LLC summarized, “Transparency is a small business value.”

It is also an American value, and one that we should demand throughout our political system.

People For president Michael Keegan has more on the disclosure proposal in the Huffington Post.

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PFAW's Peter Montgomery Discusses the First Amendment, Citizens United and David Barton

Yesterday, PFAW’s Peter Montgomery appeared on New York’s WVOX Radio, joining The Advocates host Richard Garfunkel to discuss the American values reflected in the First Amendment. With a particular focus on the Establishment Clause and freedom of speech, Peter talked about some of the threats against the Constitution being launched by the Religious Right—including the effort by sham historian David Barton to chip away at the separation of church and state by baselessly implying that the Founding Fathers imagined America as a Christian Nation. Peter also discussed the implications of Supreme Court’s decision in Citizen’s United, which opened the floodgates for a new outpouring of secret money in the political process.

You can listen to the full interview here:

 

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Citizens United Freed Corporations to Politically Pressure Employees

The Supreme Court’s decision in Citizens United v. FEC, which allowed corporations to spend unlimited amounts of money on politicking, has caused ripples of sometimes unexpected consequences – from the toppling of long-established state laws to the rise of secretive corporate spending groups that operate outside the reach of disclosure laws. Now The Nation has uncovered another destructive consequence of the decision:

On the eve of the November midterm elections, Koch Industries sent an urgent letter to most of its 50,000 employees advising them on whom to vote for and warning them about the dire consequences to their families, their jobs and their country should they choose to vote otherwise.

The Nation obtained the Koch Industries election packet for Washington State [1]—which included a cover letter from its president and COO, David Robertson; a list of Koch-endorsed state and federal candidates; and an issue of the company newsletter, Discovery, full of alarmist right-wing propaganda.

Legal experts interviewed for this story called the blatant corporate politicking highly unusual, although no longer skirting the edge of legality, thanks to last year’s Citizens United Supreme Court decision, which granted free speech rights to corporations.

“Before Citizens United, federal election law allowed a company like Koch Industries to talk to officers and shareholders about whom to vote for, but not to talk with employees about whom to vote for,” explains Paul M. Secunda, associate professor of law at Marquette University. But according to Secunda, who recently wrote in The Yale Law Journal Online about the effects of Citizens United on political coercion in the workplace, the decision knocked down those regulations. “Now, companies like Koch Industries are free to send out newsletters persuading their employees how to vote. They can even intimidate their employees into voting for their candidates.” Secunda adds, “It’s a very troubling situation.”

The Kochs were major supporters of the Citizens United case; they were also chief sponsors of the Tea Party and major backers of the anti-“Obamacare” campaign. Through their network of libertarian think tanks and policy institutes, they have been major drivers of unionbusting campaigns in Wisconsin, Michigan and elsewhere.

“This sort of election propaganda seems like a new development,” says UCLA law professor Katherine Stone, who specializes in labor law and who reviewed the Koch Industries election packet for The Nation. “Until Citizens United, this sort of political propaganda was probably not permitted. But after the Citizens United decision, I can imagine it’ll be a lot more common, with restrictions on corporations now lifted.”

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Jon Stewart Slams Republican Hypocrisy on Corporate Power

The Daily Show’s Jon Stewart took Republicans to task for baselessly holding “parasitic” workers and “greedy” labor unions for the country’s economic and budget problems, while staying silent when many of the country’s largest corporations “pay no federal taxes” at all as a result of off-shore schemes and corporate tax breaks and loopholes.

Stewart also points out that the Supreme Court in Citizens United granted corporations the same political rights as people, defenders of corporations are fine when business giants like General Electric pay no taxes at all while cutting American jobs. “I know the Supreme Court ruled that corporations are people, but what I didn’t realize is that those people are assholes.”

People For the American Way has launched a petition telling members of Congress that “cuts to social security and vital programs that help students, poor children and the unemployed should not be part of the deficit discussion before tax fairness and making corporations pay their fair share.” You can also join our Facebook page, “I pay more taxes than G.E.”

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Encouraged by Citizens United, Right-Wing Groups Demand Even More Corporate Influence in Politics

While the Supreme Court’s decision in Citizens United overturned decades of precedent by granting corporations the right to spend money from their corporate treasuries to help elect or defeat candidates, many pro-corporate activists believe that the ruling didn’t go far enough and seek to eviscerate even more restrictions on corporate money in elections. Opponents of campaign finance reform are spearheading efforts to allow corporations to contribute directly to candidates for office, permit political groups to keep the identity of their donors a secret, and loosen restrictions on foreigners contributing to candidates. The Supreme Court is also set to consider a major case on the constitutionality of Arizona’s clean elections laws that provide public financing for qualifying candidates. Politico reports on the Right’s “sustained assault” on campaign laws:

Not satisfied by the 2010 Supreme Court ruling that opened the floodgates to corporate-sponsored election ads, conservative opponents of campaign finance regulations have opened up a series of new legal fronts in their effort to eliminate the remaining laws restricting the flow of money into politics.

They have taken to Congress, state legislatures and the lower courts to target almost every type of regulation on the books: disclosure requirements, bans on foreign and corporate contributions and – in a pair of cases the Supreme Court will consider this month – party spending limits and public financing of campaigns.

The sustained assault, combined with the Supreme Court’s rightward tilt on the issue, has some advocates for reducing the role of money in politics fretting about the possibility of an irreversible shift in the way campaigns are regulated and funded that would favor Republicans and corporate interests in the 2012 presidential race and beyond.



“Depending on its scope, an adverse ruling from the high court could undermine public financing systems across the country and increase still further the grossly disproportionate voice given to corporations and unions in our elections,” warns a memo by Gerry Hebert and Tara Malloy, lawyers at the pro-regulation Campaign Legal Center, which filed a brief defending the Arizona law.

“Just a year after the controversial decision in Citizens United v. FEC, the Court is once again poised to issue a ruling that could make it harder for ordinary citizens to compete with big money in our democracy,” their memo predicted.

Opponents of campaign rules argue that removing restrictions allows more voices to compete in the political marketplace. And they have a slew of other suits pending that could dramatically alter the political money landscape, including one challenging a rule that limited how much the Republican National Committee could spend supporting the unsuccessful 2010 reelection campaign of former Rep. Joseph Cao (R-La.).

The Supreme Court is set to decide on Friday whether to hear the case which is being handled by Jim Bopp, a Republican lawyer and leading opponent of campaign restrictions. The impact of the Cao case “could be real big,” if the court overturns the so-called coordination limits at issue, predicted Bopp, who has dozens of cases pending in courts around the country.

One seeks to advance the Citizens United ruling by challenging an Iowa law banning direct corporate contributions to state candidates, while a pair of others dispute whether non-profit groups called the Committee for Truth in Politics and The Real Truth About Obama that aired ads critical of then-candidate Barack Obama had to disclose their donors or activity.
PFAW

The Corporate Discount: Who the Republican Spending Cuts Really Benefit

In the Huffington Post today, People For the American Way's President Michael Keegan connects the extreme pro-corporate policies being pushed by federal and state GOP officials with the new liberty that corporations have to buy influence in elections:

One year after Citizens United v. FEC, when the Supreme Court opened American elections to a corporate spending free-for-all, elected officials in Washington and in statehouses around the country are pushing a stunning set of financial policies that, if passed, will provide a windfall for giant corporations at the expense of already-hurting individual taxpayers. Largely proposed under the guise of financial responsibility, these proposals threaten job creation and essential government services while ensuring the coffers of corporations remain untouched.

American taxpayers are beginning to fight back against some of the most egregious proposals, such as Wisconsin Gov. Scott Walker's attempt to bust public employee unions and the House GOP's slashing of funding for women's health care. But as long as corporations can buy unlimited political influence, these battles will only escalate and they will continue to be just as lopsided.

In the coming weeks, we will see the interests of corporate funders and the interests of individual taxpayers go head-to-head as Congress and the president attempt to hammer out a continuing spending resolution that will keep the government running for the rest of the year. The Republican House wants to block funds to reproductive health services, gut the Affordable Care Act, and even prevent the Environmental Protection Bureau from regulating pollution -- all while costing an estimated 700,000 American jobs. The winners in the House's proposal? Large corporations and the wealthy, who under the proposal astoundingly would not even be asked to give up a single tax loophole.

Read the whole thing here.

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The Story of Citizens United

The Story of Stuff Project has made a new video telling the story of Citizens United v. FEC. Take a look:

For more information on the influence that corporate spending had in the 2010 elections, read PFAW's report, Citizens Blindsided.

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Wisconsin after Citizens United

In the Huffington Post today, People For President Michael Keegan looks at what happens after corporations get unlimited influence in elections. In Wisconsin, big corporate funders not only have elected officials willing to unpopular and anti-populist policies, but also have instant access to decision makers:

The story of the year since Citizens United v. FEC may be perfectly crystallized in the fight that Wisconsin Gov. Scott Walker is waging against his state's public employee unions. Organizations like Americans for Prosperity spent millions of dollars in 2010 running misleading ads bashing health care reform, progressives, immigrants, and American Muslims in order to elect politicians who would stand up for the interests of big business. Now those interests are working hard, and spending a little extra money, to make sure they collect on their investments.

The real story behind the protests in Wisconsin has little to do, as Gov. Walker would have you believe, with a state-level push for fiscal responsibility. It has everything to do with the changing dynamics of money and influence in national politics. Pro-corporate politicians have never liked the power wielded by unionized workers. Last year, in Citizens United v. FEC, the Supreme Court handed them the tools do to something about it, paving the way for a wave of corporate money that helped to sweep pro-corporate politicians into power in November. Citizens United also increased the power of labor unions, but union spending was still no match for money pouring into elections from corporate interests. As Rachel Maddow has pointed out, of the top 10 outside spenders in the 2010 elections, 7 were right-wing groups and 3 were labor unions. Gov. Walker's attempt to obliterate Wisconsin's public employee unions, if it succeeds, could be the first of many attempts across the country to permanently wipe out what are the strongest political opponents of the newly empowered corporate force in American politics.

Read the whole thing here.
 

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Bruesewitz v. Wyeth: As Sotomayor Comes Out Strong Against Pro-Corporate Judicial Activism, Scalia May Have Met His Match

There is something wearily predictable about Justice Scalia’s straitjacket reinterpretation of the National Childhood Vaccine Injury Act of 1986 (NCVIA) to eliminate the possibility of injured families suing manufacturers for design defects in vaccines. Justice Scalia brings his trademark sleight-of-hand to the task of explaining why the law does not provide for citizens what it obviously does provide and offers his well-developed rhetorical polish and high-minded sarcasm as a way to assure everyone that there is no reasonable alternative to his vigorous rewrite of the law in the interest of corporate immunity. Ah, another federal law, another judicial gloss for the corporations: business-as-usual on the Roberts Court.

What is startling and refreshing about this decision is that Justice Scalia has finally met his match in Justice Sonia Sotomayor, who comes out swinging hard in her powerful dissenting opinion against this aggressive pro-corporate judicial activism and impressionistic rewrite of the statute at hand. It seems that Justice Sotomayor is finding her voice defending popular legislation and democratic rights against the finger-painting and cut-and-paste rewrites of legislation that have become the specialty of free-wheeling conservative Justices.

Consider the numerous hard and effective punches Justice Sotomayor’s throws back at Justice Scalia here, quoting Webster’s Third New International Dictionary, the “plain text and structure” of the statute, and the essential canons of statutory construction, to show who the real “judicial activists” are:

She starts off by blowing the whistle on Justice Scalia’s substitution of his political views for those of Congress: “In holding that the . . . Act pre-empts all design defect claims for injuries stemming from vaccines covered under the Act, the Court imposes its bare policy preference over the considered judgment of Congress.”

After a masterful explanation of the Act and why it permits causes of action related to design defects, Justice Sotomayor writes: “In contrast to the interpretation . . . set forth above, the majority’s interpretation does considerable violence to the statutory text, misconstrues the legislative history, and draws the wrong conclusions from the structure of the Vaccine Act . . .”

And, to leave no doubt about what has just taken place to rob the Bruesewitz family--whose daughter suffered more than 100 seizures after being vaccinated with the DTP vaccine made by Lederle Laboratories--of its fair day in court, she concludes that “whatever the merits of the majority’s policy preference, the decision to bar all design defect claims against vaccine manufacturers is one that Congress must make, not this Court.”

It’s good to know that Justice Sotomayor at least has woken up to the fact that we are headed at a high speed right back into a Lochner-era jurisprudence where conservative Justices work overtime to undo progressive legislation and substitute their own authoritarian judgments for democratic decision-making. The combination of this judicial assault on popularly enacted statutes with the decision in the Citizens United case to arm private corporations with political campaign spending rights under the First Amendment makes for a pretty scary polity and economy. We need more judges and Justices like Justice Sotomayor to stand up for democracy and the rule of law.

Jamie Raskin is a Maryland state senator, constitutional law professor at American University's Washington College of Law, and Senior Fellow at People For the American Way.

PFAW

Hundreds in California Protest Corporate Influence in Elections

In the year since the Supreme Court’s decision in Citizens United v. FEC, there has been new scrutiny on the increasingly cozy relationship between corporate funders of elections and national policy makers. Exemplifying that relationship have been the Koch brothers, billionaires whose dollars have helped to fund right-wing organizations and campaigns for years, and who were behind one of the most powerful outside groups in the 2010 elections, Americans For Prosperity. The brothers also hold twice-yearly meetings of influential donors, pundits, and politicians—past guests have included Glenn Beck, Sens. Jim Demint and Tom Coburn, and even Supreme Court Justices Antonin Scalia and Clarence Thomas (both of whom were in the Citizens United majority).

The Kochs held their most recent strategy meeting at a spa in Palm Springs this weekend. Attending the secretive event was House Republican Leader Eric Cantor, among other undisclosed guests. Outside were 800-1,000 protestors, 25 of whom were arrested for trespassing. The LA Times reports:

Protest organizers said they hoped to raise awareness about the Koch brothers and what activists portray as their shadowy attempts to weaken environmental protection laws and undercut campaign contribution limits.

The brothers control Koch Industries, the nation's second-largest privately held company. They have funded groups pushing a limited-government, libertarian agenda, helped organize "tea party" groups and contributed $1 million to a failed ballot initiative to suspend California's law to curb greenhouse gases.

"We cannot have democracy unless everyone has a voice," said Cathy Riddle, a Temecula website developer who held a sign reading "Corporations are not people." Donors like the Koch brothers are "drowning us out," she said. "Their voices are louder."

The protest, organized by Common Cause, included some members of People For the American Way. It came one week after activists, in events around the country, marked the first anniversary of Citizens United and called for a constitutional amendment to reverse it. Watch PFAW’s video explaining the decision and its impact:
 

PFAW

PFAW and Allies Deliver 750,000 Constitutional Amendment Petitions to Congress

This morning, a group of allied organizations held a rally at the Capitol to mark the first anniversary of the Supreme Court’s Citizens United decision. At the rally, People For the American Way and others delivered over 750,000 petitions calling for a constitutional amendment to reverse Citizens United to members of Rep. Donna Edwards’ staff. Rep. Edwards introduced a constitutional amendment in the House last year, and has been a strong supporter of efforts to reverse the decision.

Representatives from People For, Public Citizen, Move to Amend, Free Speech For People, and MoveOn deliver 750,000 petitions to members of Rep. Donna Edwards’ staff:


People For’s Marge Baker speaks to the crowd:

Protesters put a “for sale” sign on the Capitol:

A protester contests the notion of corporate personhood:

PFAW