Sonia Sotomayor on Government Reform
OnTheIssues explanation: This ruling led to a spate of "Voter ID" laws, which proponents claim is needed to protect the integrity of the vote, and which opponents say discriminates against youth & minority voters.
Opinions:Majority: Roberts, Scalia, Kennedy, & Alito; concurrence: Thomas; dissent: Ginsburg, Breyer, Sotomayor, & Kagan.
Sotomayor dissented from the court's decision, opining that the VRA "applies to all voting qualifications," and--in her view--the state law "disqualifies a group of people from voting." She emphasized that "even if Congress had doubts about the wisdom of subjecting felony disenfranchisement laws to the results test, I trust that Congress would prefer to make any needed changes itself, rather than have courts do so for it."
That's the basic structure of our system of government. That's why the Congress makes the law. The president can veto them, but he can't make them. He can regulate, if Congress gives him the authority to do so and within other delegated authorities. I shouldn't use the word "delegated," because it has a legal meaning. But the point is that that question is always looked at in light of what Congress has said on the issue and in light of Congress's power, as specified in the Constitution.
Prior to the 2008 primary elections, Citizens United, a nonprofit corporation dedicated to educating the American public about their rights and the government, produced a politically conservative 90-minute documentary entitled Hillary: The Movie. This documentary covers Hillary Clinton's record while in the Senate & the White House. However, The Movie falls within the definition of "electioneering communications" under the Bipartisan Campaign Reform Act of 2002 ("BCRA")--a federal enactment designed to prevent "big money" from unfairly influencing federal elections--which, among other things, prohibits corporate financing of electioneering communications. The FEC [enforced the provision] of BCRA prohibiting corporations from broadcasting electioneering communications within 60 days of a general election. [The Supreme Court rules that this] violates the free speech clause of the First Amendment.
Justice Kennedy , Opinion of the Court (Roberts, Scalia, Alito, and Thomas concurring):
Some members of the public might consider "Hillary: The Movie" to be insightful and instructive; some might find it to be neither high art nor a fair discussion on how to set the Nation's course; still others simply might suspend judgment on these points but decide to think more about issues and candidates. Those choices and assessments, however, are not for the Government to make.
Justice Stevens (dissent joined by Ginsburg , Breyer, and Sotomayor)
Neither Citizens United's nor any other corporation's speech has been "banned." All that the parties dispute is whether Citizens United had a right to use the funds in its general treasury to pay for broadcasts during the 30-day period. The notion that the First Amendment [allows that] is, in my judgment, profoundly misguided. Although I concur in the Court's decision to sustain BCRA's disclosure provisions, I emphatically dissent from its principal holding.
An Arizona public campaign financing law allowed a person who agreed to the restrictions of a publicly financed campaign to receive an initial allotment from the state. That initial allotment was increased when the spending of a privately financed opponent together with the spending of any independent group exceeded that initial allotment. The public funds to match opponent expenditures topped out at two times the initial allotment.
|Other Justices on Government Reform:||Sonia Sotomayor on other issues:|
Ruth Bader Ginsburg
Sandra Day O'Connor
John Paul Stevens
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