“Supreme Court, Meet Reality”

Larry Noble:

Recently, it was reported that in an interview at Harvard Law School, Supreme Court Justice Anthony Kennedy commented that campaign finance disclosure is “not working the way it should.” Justice Kennedy’s statement provides an important insight into why the Supreme Court’s recent campaign finance decisions are undermining our democracy. These decisions have been based on how five Justices think the campaign finance lawsshould be working, which is far from the reality of how they are working. Watching the 2016 elections unfold, it is hard not to wonder whether any of these Justices will rethink their assumptions about money in politics or whether our democracy will continue to suffer from a constitutional jurisprudence based on wishful thinking.

 

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