As the second anniversary of Citizens United approaches (Jan. 21), the corruption flowing from that decision is becoming more apparent. The Supreme Court declared that independent groups can not corrupt the political process, but the dominant role of Super PACs in the Republican primary is just the latest evidence that their decision was based on bias, not fact. Now another court has stepped up to tell the Supremes exactly that. The Montana Supreme Court rejected the Citizens United ruling, saying the evidence shows that independent spenders can and do wield enough influence to corrupt politics. “Organizations like WTP
[a corporate political group] that act as a conduit for anonymously spending by others represent a threat to the political marketplace,” wrote Mike McGrath, Chief Justice of the Montana Supreme Court, for the majority. “Clearly the impact of unlimited corporate donations creates a dominating impact on the political process and inevitably minimizes the impact of individual citizens.” Even the dissenting judges in the 5-2 decision upholding Montana law denounced the US Supreme Court. “While, as a member of this Court, I am bound to follow Citizens United, I do not have to agree with the [U.S.] Supreme Court’s decision,” wrote Justice James C. Nelson, in his dissent. “And, to be absolutely clear, I do not agree with it. For starters, the notion that corporations are disadvantaged in the political realm is unbelievable. Indeed, it has astounded most Americans. The truth is that corporations wield enormous power in Congress and in state legislatures. It is hard to tell where government ends and corporate America begins: the transition is seamless and overlapping.” If the Montana case gets a fair hearing on appeal at the Supreme Court, it will completely expose that majority’s hypocrisy and corruption of judicial duty.
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