Academic

Gerken on Citizens United

By Lawrence Solum

In my view, the real significance of the case lies in what the Court said Congress can do going forward. The Court severely limited both the arguments and the types of evidence Congress can invoke when it regulates in the future. In doing so, it overruled other precedent without saying so. Austin, it seems to me, was a goner anyway. The real hope for future campaign-finance reform turned not on Austin¸ but on what constitutes corruption and what evidence Congress can gather to show it exists. The Court has now cut back substantially on both fronts. While that part of the opinion won?t get nearly as much press, it's the part of the opinion that will matter most in the future.

Full post as published by Legal Theory Blog on January 21, 2010 (boomark / email).