Anti-democratic Scalia

October 11, 2013 | By | Reply More

At Democracy Now, Amy Goodman discussed McCutcheon v. Federal Election Commission, which has been referred to as “the next Citizens United.”

Republican leaders and wealthy GOP donor Shaun McCutcheon wants the Supreme Court to throw out aggregate limits on individual contributions in a single two-year cycle, saying they violate free speech. “If these advocate limitations go down, 500 people will control American democracy. It would be ‘government for the 500 people,’ not for anybody else — and that’s the risk,” says Burt Neuborne, law professor and founding legal director of the Brennan Center for Justice at New York University Law School. . .

“AMY GOODMAN: During the oral arguments, Justice Ruth Bader Ginsburg said, quote, “By having these limits you are promoting democratic participation, then the little people will count some, and you won’t have the super-affluent as the speakers that will control the elections.” Justice Antonin Scalia responded somewhat sarcastically by saying, quote, “I assume that a law that only—only prohibits the speech of 2 percent of the country is okay.” That was Scalia.

BURT NEUBORNE: And that’s the—that’s the gulf that divides the court on these cases. Justice Ginsburg thinks that we should use campaign finance reform to advance equality, so that everybody has a roughly equal political influence. Scalia says, “Look, if you’re rich, you’re entitled to have as much influence as you can buy.” And that’s now been the collision, and the Scalia side has won five-to-four consistently in recent years.”


Category: Campaign Finance Reform, Corporatocracy, Corruption, Politics, populism

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Erich Vieth is an attorney focusing on consumer law litigation and appellate practice. He is also a working musician and a writer, having founded Dangerous Intersection in 2006. Erich lives in the Shaw Neighborhood of St. Louis, Missouri, where he lives half-time with his two extraordinary daughters.

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