by Patrick Genova
Late last month the Supreme Court struck down Montana’s ban on corporate spending in elections. Montana was the first of many states to push back against the implications of Citizens United. In February the Montana Supreme Court upheld the ban saying that Montana had a rich history against corporate spending that rises to the level of a “compelling interest”, forcing the Supreme Court to take another look at its holding in Citizens United on appeal.
On the same day the Court ruled on the Affordable Care Act they also struck down Montana’s century old law banning corporate spending. The Court reiterated that corporate campaign donations are no different than contributions by any other citizen. Obama spokesman Eric Schultz said of the opinion, “Citizens United mistakenly overruled longstanding cases that protected the fairness and integrity of elections.” But Despite the mounting criticism the Court stands the same as in 2010 with the same five justices voting against the ban. James Bopp Jr., the attorney pushing for unlimited corporate spending, called the decision, “excellent”.
In deciding against Montana’s ban the Supreme Court has effectively shut down challenges that have sprung up since the Citizens United decision. But what will it mean for the future of Montana’s elections? For now it seems that corporate politics will begin to play a large role, whether its for good or bad. This does not mean that the fight against corporate spending is over. Governor Scweitzer said in response to the decision, “We’re going to overrule the Supreme Court with a constitutional amendment, to make it clear that we the people are in charge of America, not we the corporations. Here in Montana, we’re putting it on the ballot.” While the Court seems to be unwavering in their decision, the war against corporate spending is far from over.