U.S. Supreme Court overturns state election law
SuperPACs could be coming to Montana
The U.S. Supreme Court on Feb. 17 blocked a ruling by the Montana Supreme Court that allowed the state's ban on corporate spending for candidates to remain in effect.
Washington, D.C.-based Western Tradition Partnership appealed to the U.S. Supreme Court after the state court struck down a request by the political organization to temporarily suspend enforcement of the Corrupt Practices Act. The act was passed by citizens initiative in 1912 and bans corporate expenditures in political campaigns.
WTP challenged Montana's century-old ban in early 2011. A Helena District Court judge initially struck down the ban, citing the U.S. Supreme Court's 2010 ruling in Citizens United v. Federal Election Commission, but the Montana Supreme Court reversed the lower court's ruling late last year.
WTP then asked the Montana Supreme Court to "stay" their decision while the organization appealed it to the U.S. Supreme Court. The Montana Supreme Court turned down WTP's request on Feb. 8, leaving the state ban in effect.
The appeal to the U.S. Supreme Court was made by American Tradition Partnership, WTP operating under a new name; Champion Painting Inc., of Bozeman; and Montana Shooting Sports Association Inc., of Missoula. Montana Attorney General Steve Bullock filed a motion opposing the request.
WTP's appeal did not go before the entire U.S. Supreme Court. Justice Anthony Kennedy granted WTP's request. It's unclear if the whole court will take up the case, and it could be several months before they decide what they will do.
Justice Ruth Bader Ginsburg, who dissented in the Citizens United case, issued a statement for herself and Justice Stephen Breyer that accompanied Kennedy's ruling. They agreed with Kennedy in granting the stay, but they showed interest in taking a second look at the Citizens United decision.
"Montana's experience, and experience elsewhere since this Court's decision in Citizens United, make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption,'" their statement said.
A judicial review of the matter by the U.S. Supreme Court would provide "an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates' allegiance, Citizens United should continue to hold sway," their statement said.
Ginsburg and Breyer were certainly referring to the so-called SuperPACs that have played an important role in the Republican presidential primary race this year. The political action committees, operating under looser regulations since the Citizens United ruling was made, have spent millions of dollars on television advertising in many of the states where primary elections have been held.
Interest in overturning the Citizens United decision by Congressional action has the full support of Montana Sens. Max Baucus and Jon Tester. The Montana Attorney General's office submitted an amicus brief opposing unrestricted spending by corporations to influence elections, and 24 other states signed on to the brief.
U.S. District Court Judge Donald Molloy predicted the U.S. Supreme Court would overturn the Montana Supreme Court ruling during a public talk in Missoula on Feb. 13.
Meanwhile, American Tradition Partnership and several other political groups have filed papers in federal court in Helena seeking to eliminate Montana's restrictions on campaign contributions to individual candidates, political action committees and political parties. The U.S. Supreme Court is considering a similar case.
ATP was joined by the Montana Right To Life Association, Lake County Republican Central Committee, Beaverhead County Republican Central Committee and other conservative groups. The coalition told U.S. District Court Judge Charles Lovell that the restrictions are an unconstitutional restriction of free speech.
Western Tradition Partnership is also fighting charges in court that it violated state law requiring disclosure on campaign financing. Sanctions were levied against WTP by the former Montana Commissioner of Political Practices, Dennis Unsworth in 2009.