The biggest news out of the Supreme Court today is its decision on the Arizona immigration law, but it also handed a victory to supporters of Citizens United by knocking down a Montana law banning in-state corporate political spending. WSJ reports:
The U.S. Supreme Court has issued a summary reversal of the Montana Supreme Court’s decision to uphold a state law that prohibited corporate spending in state elections. The U.S. Court said the question in this case was whether the Citizens United decision, which established that corporate spending in elections is permitted as a matter of free speech, applied to the Montana state law. “There can be no serious doubt that it does,” the Court wrote.
The 5-4 decision — which broke across the same lines as the Citizens United decision — was a reaffirmation that free speech rights of corporations extend to state and local elections. Senate Minority Leader Mitch McConnell, a long-time champion of this issue, released a statement praising the verdict:
“In another important victory for freedom of speech, the Supreme Court has reversed the Montana Supreme Court, upholding First Amendment free speech rights that were set out in Citizens United. As I pointed out in an amicus brief that I filed in the Montana case, a review of Federal Election Commission records of independent spending supporting the eight Republican presidential candidates earlier this year showed only minimal corporate involvement in the 2012 election cycle. Not one Fortune 100 company contributed a cent to any of the eight Republican Super PACs, as of the end of March, according to FEC records. The records also showed that of the $96 million contributed to the eight Super PACs through March 31, an overwhelming 86.32 percent of that money came from individuals while only 13.68 percent came from corporations and 0.81 percent from public companies. Clearly, the much predicted corporate tsunami that critics of Citizens United warned about simply did not occur.”
The decision is likely to prompt more cries from the left that the Supreme Court is far-right and illegitimate. While it’s a setback for the anti-Citizens United crowd, the decision wasn’t unexpected, and it’s not going to stop the liberal clamor to repeal protections on corporate speech.