Overturning Citizens United

by Stuart Shapiro

Alan posted earlier about Senator McCain’s opposition to Citizens United. What would it take to overturn the decision?  Monika Bauerlein and Clara Jeffrey outline four strategies for doing so.

Constitutional amendment

SCOTUS deathwatch: How about waiting for a conservative justice or two to die while Democrats hold the White House and the Senate?

Let the sun shine in: In the nearer term, there’s the option the Roberts court expressly invited in Citizens United—full-monty disclosure.

Taxpayer-financed campaigns: public financing can still make a big difference in down-ballot races, from the statehouse all the way to obscure but critical judicial elections. And keep in mind, today’s state legislator is tomorrow’s US senator. public financing can still make a big difference in down-ballot races, from the statehouse all the way to obscure but critical judicial elections. And keep in mind, today’s state legislator is tomorrow’s US senator.

Senator McCain is already working on #3 devising a bipartisan financial disclosure bill with Rhode Island Senator Sheldon Whitehouse. I’m a pessimist though.  I think a constitutional amendment is the only way this changes.  Maybe the famous maverick can make this the last crusade of his career.  It would make him a hero with a bigger impact on American history than many presidents if he succeeded.

By: Stuart Shapiro

Stuart is a professor and the Director of the Public Policy
program at the Bloustein School of Planning and Public Policy at Rutgers
University. He teaches economics and cost-benefit analysis and studies
regulation in the United States at both the federal and state levels.
Prior to coming to Rutgers, Stuart worked for five years at the Office
of Management and Budget in Washington under Presidents Clinton and
George W. Bush.