When the US Supreme Court liberated purchased political speech from nearly all regulation in the Citizens United decision, it opened a Pandora’s Box loaded with all sorts of strange creatures: partisan c-4s, super PACs, corporate slush funds. The Federal Election Commission is struggling to apply its rules to new creatures served up by operatives across the political spectrum. Even Stephen Colbert sought FEC approval for using his show’s resources to produce partisan ads. On the same day the FEC gave Colbert partial approval, it did the same for federal candidates who wanted permission to raise unlimited donations for their super PACs to support candidates of their choice. The FEC said, No, neither President Barack Obama nor Sen. Mitch McConnell can ask General Electric to give $2 million to a super PAC, but they can ask for the current limit ($5,000) AND attend the event where others ask for and receive the $2 million. The money suppliers and fundraising arms race never had it so good, thanks to the Supreme Five. As E. J. Dionne writes, “The United States Supreme Court now sees its central task as comforting the already comfortable and afflicting those already afflicted. If you are a large corporation or a political candidate backed by lots of private money, be assured that the court’s conservative majority will be there for you, solicitous of your needs and ready to swat away those pesky little people who dare to contest your power.” Given that mission, Arizona’s matching fund provision didn’t stand a chance for fair treatment.
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