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Ginsburg, Breyer: Rethink Citizens United

Feb. 18, 2012 at 3:55 PM   |   Comments

WASHINGTON, Feb. 18 (UPI) -- The U.S. Supreme Court should revisit its decision on campaign finance in the Citizens United case, two justices said as they stayed a Montana ruling.

Justices Ruth Bader Ginsburg and Stephen Breyer suggested events since the court ruled in 2010 that corporations can make unlimited contributions to political action committees not directly controlled by candidates have cast doubt on the wisdom of the decision.

The court's decision Friday in Citizens United v. Federal Election Commission was 5-4, with Ginsburg and Breyer in the minority.

"Montana's experience, and experience elsewhere since this court's decision in Citizens United v. Federal Election Commission, make it exceedingly difficult to maintain that independent expenditures by corporations 'do not give rise to corruption or the appearance of corruption,'" Ginsburg wrote. "A petition for certiorari will give the court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates' allegiance, Citizens United should continue to hold sway."

The Montana Supreme Court upheld the state's campaign spending limits, which have been in force for a century.

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