Bench Memos

Campaign Finance Case

In the Court’s fifth (and final) decision of the day, the Court upheld the right of public interest groups to run ads mentioning candidates running for reelection, 5-4. Three of the justices in the majority — Scalia, Thomas, and Kennedy — urged the Court to revisit portions of the McConnell decision upholding the McCain-Feingold campaign finance law. The Chief Justice and Justice Alito would not go that far, however, arguing that this decision did not require that the Court revisit its 2003 ruling. Justice Souter dissented and, according to SCOTUSBlog , read substantial portions of his dissent from the bench.  The decision is here and, after a very cursory perusal, it looks like a significant win for free speech.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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