As my anti-avoidance article for the Supreme Court Review goes into page proofs, I’ve added the following to the end of my author’s footnote: “As this Article went to press, the Supreme Court decided Citizens United v FEC, 588 US ___, 2010 WL 183856 (Jan. 21, 2010). The Court, in a 5-4 opinion written by Justice Kennedy, overruled the Austin case and part of the McConnell v. FEC case discussed in this Article.The majority opinion spent considerable time explaining why it could not apply the doctrine of constitutional avoidance, and why it felt compelled to reach the constitutional questions. Chief Justice Roberts’ concurrence explicitly sought to distinguish the use of constitutional avoidance in NAMUDNO. Justice Stevens, in dissent for four Justices, set forth many means to avoid the constitutional issue, and remarked: “Each of the [avoidance] arguments…is surely at least as strong as the statutory argument the Court accepted in last year’s Voting Rights Act case.”