BNA: “Questioning by the three judges in a 90-minute court argument indicated they may be seriously considering striking the ban on foreign money in U.S. campaigns, a move previously considered so unlikely that no legal challenge to the ban has ever been brought–until now….The judges asked whether the logic of the Citizens United case, which struck down decades-old restrictions on federal campaign spending by corporations and unions, should be extended to campaign money from foreign citizens.”
I explore this very issue (and predict the Supreme Court will ultimately uphold the limit on foreign spending in elections, despite the inconsistency with Citizens United‘s logic), in Citizens United and the Illusion of Coherence, which recently appeared in the Michigan Law Review.