It was not entirely unexpected, but is still dramatic and depressing news: in a 5-4 decision, the U.S. Supreme Court has overturned a century-old ban on direct corporate political spending, potentially opening a very large spigot of special-interest money into our airwaves just in time for the 2010 elections.
The decision did not immediately affect federal limitations on contributions to candidates, or “soft money” contributions to party committees. But it did strike down the ancient prohibition of direct corporate sponsorship of “issue ads.” The decision also kills state-level corporate political spending bans.
It will take awhile to fully digest the impact of this decision, which is the most tangible consequence yet of George W. Bush’s Court appointments (Roberts and Alito joined the majority). And it’s not an unambiguous victory for corporations, since labor unions and progressive non-profit corporations are also “liberated” by the ruling.
But this does represent one of the hard-core Right’s long-term agenda items, and obviously strengthens the Court’s “money equals speech” formulation of First Amendment rights, which has long frustrated campaign reform advocates and puzzled observers from other countries. It also may feed the trend among reformers to focus on public financing of campaigns as an alternative to private political money, instead of increasingly futile efforts to regulate private political money.
All in all, though, the Supremes made sure this will go down as an especially bad week in progressive politics.
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Editor’s Corner
By Ed Kilgore
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March 28: RIP Joe Lieberman, a Democrat Who Lost His Way
I was sorry to learn of the sudden death of 2000 Democratic vice presidential nominee Joe Lieberman. But his long and stormy career did offer some important lessons about party loyalty, which I wrote about at New York:
Joe Lieberman was active in politics right up to the end. The former senator was the founding co-chair of the nonpartisan group No Labels, which is laying the groundwork for a presidential campaign on behalf of a yet-to-be-identified bipartisan “unity ticket.” Lieberman did not live to see whether No Labels will run a candidate. He died on Wednesday at 82 due to complications from a fall. But this last political venture was entirely in keeping with his long career as a self-styled politician of the pragmatic center, which often took him across party boundaries.
Lieberman’s first years in Connecticut Democratic politics as a state legislator and then state attorney general were reasonably conventional. He was known for a particular interest in civil rights and environmental protection, and his identity as an observant Orthodox Jew also drew attention. But in 1988, the Democrat used unconventional tactics in his challenge to Republican U.S. senator Lowell Weicker. Lieberman positioned himself to the incumbent’s right on selected issues, like Ronald Reagan’s military operations against Libya and Grenada. He also capitalized on longtime conservative resentment of his moderate opponent, winning prized endorsements from William F. and James Buckley, icons of the right. Lieberman won the race narrowly in an upset.
Almost immediately, Senator Lieberman became closely associated with the Democratic Leadership Council. The group of mostly moderate elected officials focused on restoring the national political viability of a party that had lost five of the six previous presidential elections; it soon produced a president in Bill Clinton. Lieberman became probably the most systematically pro-Clinton (or in the parlance of the time, “New Democrat”) member of Congress. This gave his 1998 Senate speech condemning the then-president’s behavior in the Monica Lewinsky scandal as “immoral” and “harmful” a special bite. He probably did Clinton a favor by setting the table for a reprimand that fell short of impeachment and removal, but without question, the narrative was born of Lieberman being disloyal to his party.
Perhaps it was his public scolding of Clinton that convinced Al Gore, who was struggling to separate himself from his boss’s misconduct, to lift Lieberman to the summit of his career. Gore tapped the senator to be his running mate in the 2000 election, making him the first Jewish vice-presidential candidate of a major party. He was by all accounts a disciplined and loyal running mate, at least until that moment during the Florida recount saga when he publicly disclaimed interest in challenging late-arriving overseas military ballots against the advice of the Gore campaign. You could argue plausibly that the ticket would have never been in a position to potentially win the state without Lieberman’s appeal in South Florida to Jewish voters thrilled by his nomination to become vice-president. But many Democrats bitter about the loss blamed Lieberman.
As one of the leaders of the “Clintonian” wing of his party, Lieberman was an early front-runner for the 2004 presidential nomination. A longtime supporter of efforts to topple Saddam Hussein, Lieberman had voted to authorize the 2003 invasion of Iraq, like his campaign rivals John Kerry and John Edwards and other notable senators including Hillary Clinton. Unlike most other Democrats, though, Lieberman did not back off this position when the Iraq War became a deadly quagmire. Ill-aligned with his party to an extent he did not seem to perceive, his presidential campaign quickly flamed out, but not before he gained enduring mockery for claiming “Joe-mentum” from a fifth-place finish in New Hampshire.
Returning to the Senate, Lieberman continued his increasingly lonely support for the Iraq War (alongside other heresies to liberalism, such as his support for private-school education vouchers in the District of Columbia). In 2006, Lieberman drew a wealthy primary challenger, Ned Lamont, who soon had a large antiwar following in Connecticut and nationally. As the campaign grew heated, President George W. Bush gave his Democratic war ally a deadly gift by embracing him and kissing his cheek after the State of the Union Address. This moment, memorialized as “The Kiss,” became central to the Lamont campaign’s claim that Lieberman had left his party behind, and the challenger narrowly won the primary. However, Lieberman ran against him in the general election as an independent, with significant back-channel encouragement from the Bush White House (which helped prevent any strong Republican candidacy). Lieberman won a fourth and final term in the Senate with mostly GOP and independent votes. He was publicly endorsed by Newt Gingrich and Rudy Giuliani, among others from what had been the enemy camp.
The 2006 repudiation by his party appeared to break something in Lieberman. This once-happiest of happy political warriors, incapable of holding a grudge, seemed bitter, or at the very least gravely offended, even as he remained in the Senate Democratic Caucus (albeit as formally independent). When his old friend and Iraq War ally John McCain ran for the Republican presidential nomination in 2008, Lieberman committed a partisan sin by endorsing him. His positioning between the two parties, however, still cost him dearly: McCain wanted to choose him as his running mate, before the Arizonan’s staff convinced him that Lieberman’s longtime pro-choice views and support for LGBTQ rights would lead to a convention revolt. The GOP nominee instead went with a different “high-risk, high-reward” choice: Sarah Palin.
After Barack Obama’s victory over Lieberman’s candidate, the new Democratic president needed every Democratic senator to enact the centerpiece of his agenda, the Affordable Care Act. He got Lieberman’s vote — but only after the senator, who represented many of the country’s major private-insurance companies, forced the elimination of the “public option” in the new system. It was a bitter pill for many progressives, who favored a more robust government role in health insurance than Obama had proposed.
By the time Lieberman chose to retire from the Senate in 2012, he was very near to being a man without a party, and he reflected that status by refusing to endorse either Obama or Mitt Romney that year. By then, he was already involved in the last great project of his political career, No Labels. He did, with some hesitation, endorse Hillary Clinton over Donald Trump in 2016. But his long odyssey away from the yoke of the Democratic Party had largely landed him in a nonpartisan limbo. Right up until his death, he was often the public face of No Labels, particularly after the group’s decision to sponsor a presidential ticket alienated many early supporters of its more quotidian efforts to encourage bipartisan “problem-solving” in Congress.
Some will view Lieberman as a victim of partisan polarization, and others as an anachronistic member of a pro-corporate, pro-war bipartisan elite who made polarization necessary. Personally, I will remember him as a politician who followed — sometimes courageously, sometimes foolishly — a path that made him blind to the singular extremism that one party has exhibited throughout the 21st century, a development he tried to ignore to his eventual marginalization. But for all his flaws, I have no doubt Joe Lieberman remained until his last breath committed to the task he often cited via the Hebrew term tikkun olam: repairing a broken world.
Here’s another idea for reversing SCOTUS’ ruling on Citizens United v. FEC;
A diarist named Smintheus posted on unbossed.com a very quick and simply remedy for this power-grab by corporations;
Congress should prohibit any corporation from engaging in this new political spending if it has any non-American shareholders, or owners. Because after all, foreigners have no 1st amendment protections.
This brilliant idea was picked up by PLS who posted the diary “How to hoist the SCOTUS on their own petards!!!” on Daily Kos. This stroke of genius not only undoes SCOTUS’ treasonous decision, it seriously weakens the hold corporations CURRENTLY have over our democracy.
This is AN EXCELLENT way to punish SCOTUS and the Republicans for attempting a coup of our government on behalf of corporations.
Here is the statute upon which the tactic succeeds;
U.S. Code § 441e. Contributions and donations by foreign nationals
(a) Prohibition
It shall be unlawful for—
(1) a foreign national, directly or indirectly, to make—
(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 434 (f)(3) of this title); or
(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.
(b) “Foreign national” defined
As used in this section, the term “foreign national” means—
(1) a foreign principal, as such term is defined by section 611 (b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or
(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101 (a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101 (a)(20) of title 8.
Here is the above mentioned section 434 (f)(3)
3) Electioneering communication
For purposes of this subsection—
(A) In general
(i) The term “electioneering communication” means any broadcast, cable, or satellite communication which—
(I) refers to a clearly identified candidate for Federal office;
(II) is made within—
(aa) 60 days before a general, special, or runoff election for the office sought by the candidate; or
(bb) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate; and
(III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.
(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term “electioneering communication” means any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations.
– end of code description –
Piecing together the most salient parts of the above statute, we have the following;
“It shall be unlawful for a foreign national, directly or indirectly, to make a contribution in connection with a Federal, State, or local election, or expenditure for an electioneering communication. The term “electioneering communication” means any broadcast, cable, or satellite communication which refers to a clearly identified candidate for Federal office, is made within 60 days before a general, special, or 30 days before a primary or preference election.”
The limiting phrase in this law is “which refers to a clearly identified candidate for Federal office.” Because the Citizens United v. FEC ruling refers to non-identified candidate communications, what Congress needs to do is extend this statute to include ANY elections-related communications. An example of why this extension seems very reasonable would be in order to prevent a foreigner from an oil producing country from bombarding U.S. television shows with ads that claim “Global warming is just a hoax; keep buying our oil.”
Smintheus’ solution seems very promising. We should explore it a bit further, and if it proves solid, quickly take action on it.
With their ruling in favor of Citizens United v. FEC, the Conservative members of the Supreme Court have committed treason far more dangerous and egregious than their having stolen the 2000 election for Bush. This time they have gone too far by handing our democracy to corporations. The way to remedy this treason is simple and straightforward.
The first step is for Congress to end or fix the filibuster rule so that Republican and Blue Dog Senators can no longer usurp majority rule in the Senate, and prevent the second step.
The second step is for Congress to create two new Supreme Court seats, increasing the total number of justices from nine to eleven. FDR failed in this in the 1930s because he tried to create SIX new justices, and because he was not facing as great an assault on our democracy as we are now. The American People would support Congress’s appointing these two new justices in order to preserve our democracy.
The third and final step is for someone to challenge the new ruling in the courts and have the suit move its way up to the Supreme Court. I’m not sure if that can happen before the Citizens United v. FEC decision allows corporations to hijack the 2010 election. If so, such a delay is not an acceptable option.
Until Citizens United v. FEC is overturned, Obama and the Democratic Congress have a course of action. According to the Constitution, the President is not bound by Supreme Court decisions. There is a famous instance when the Supreme Court rendered a decision and a president said something to the effect that; “Well, you’ve made your decision. Now try to enforce it.” I think it was FDR, but I’m not sure on that.
SCOTUS’ handing our democracy to corporations with this decision can and will, if we let it stand, defeat any and every major progressive initiative after the 2010 elections. If this decision stands, we risk losing both our Senate and House majorities.
We need to put aside every other initiative right now and concentrate our power on defeating this decision by advocating for Congress to end the filibuster, create two new SCOTUS seats, and then have the new SCOTUS reverse the decision. We need to alert the public about this assault on our democracy so that they will fully back Congress’s decision to end the filibuster in order to create the two new seats.
We cannot do everything at once. If we try to assume a business-as-usual approach and continue to work on many other initiative while also working on this one, we risk failing. That is not an option we can afford.
WE NEED TO TABLE ALL OTHER INITIATIVES UNTIL WE GET THIS JOB DONE.
The vast majority of blog posts on all of the Liberal/Progressive sites for the next several weeks should be about getting this done. We should organize our efforts so that some blogs are focusing on some parts of this, and other blogs are focusing on others. We need to organize and fight like our democracy depended on it, because it does.