“Clearing the Landmines of the Roberts Court”

Ciara Torres-Spelliscy:

The University of Colorado at Boulder hosted a symposium last month on “Money and the First Amendment.”  The keynote was delivered by Prof. Jeffrey Rosen, whose book on Justice Louis Brandeis will be published in June.  In the course of asking  WWJBD? or “what would Justice Brandeis do?” about Citizens United, Rosen also explored the impact of the absence of Justice Antonin Scalia on the current Supreme Court, especially in campaign finance law.

The loss of Scalia could be monumental in election law since he was a reliable fifth vote for deregulating money in politics and diminishing voter protections. His unexpected death could mean that troublesome language in Roberts Court campaign finance cases during the past 11 years will not be used to jettison even more regulations.

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