Justice Alito’s Reaction
By LINDA GREENHOUSE
Excerpt
Mr. Obama’s words were sharp, echoing his earlier criticism of the court’s decision last week in the Citizens United case to strike down the limits that the McCain-Feingold campaign finance law placed on independent political expenditures by corporations and unions. The decision would “open the floodgates for special interests — including foreign companies — to spend without limit in our elections,” Mr. Obama said, adding that “I don’t think American elections should be bankrolled by America’s most powerful interests.” He urged Congress to “pass a bill that helps correct some of these problems.”
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This time, Justice Alito shook his head as if to rebut the president’s characterization of the Citizens United decision, and seemed to mouth the words “not true.” Indeed, Mr. Obama’s description of the holding of the case was imprecise. He said the court had “reversed a century of law.”
The law that Congress enacted in the populist days of the early 20th century prohibited direct corporate contributions to political campaigns. That law was not at issue in the Citizens United case, and is still on the books. Rather, the court struck down a more complicated statute that barred corporations and unions from spending money directly from their treasuries — as opposed to their political action committees — on television advertising to urge a vote for or against a federal candidate in the period immediately before the election. It is true, though, that the majority wrote so broadly about corporate free speech rights as to call into question other limitations as well — although not necessarily the existing ban on direct contributions.
Justice Alito’s Reaction - Opinionator Blog - NYTimes.com
