Posted by Eugene Volokh:
Rick Hasen (Election Law Blog) on the *Citizens United* Corporate Free Speech
Rights Case:
http://volokh.com/archives/archive_2009_09_06-2009_09_12.shtml#1252537270
His live-blogging of the audio release is [1]here, and his predictions
are [2]here:
As I noted, I cannot with confidence make predictions about the
outcome of the Citizens United case based on oral argument
questions, given the recent experience in NAMUDNO in which CJ
Roberts and Justice Kennedy seemed sure votes to overturn section 5
of the Voting Rights Act but did not. But there was absolutely
nothing in the Citizens United oral argument questions of the two
likely "swing justices" in this case to give any comfort to those
who believe that Congress should have the power to limit corporate
spending in candidate elections.
Rick is one of the top election law scholars in the country, and is
generally a supporter of restrictions on corporate speech about
candidates, so he isn't just hearing what he hopes to hear. Rick also
reports that "Justice Sotomayor asked the questions I would have
asked" -- high praise from any law professor! -- "and seems likely to
be a very strong replacement for Justice Souter on campaign finance
issue."
References
1. http://electionlawblog.org/archives/014400.html
2. http://electionlawblog.org/archives/014401.html
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