After the speech, Lessig, who worked as a clerk for conservative Justice Antonin Scalia before becoming an academic, added that he was confident that Citizens United will soon be reversed by the high court.
“I think it’s quite likely Justice Kennedy is about to flip,” he said, referring to the Supreme Court justice who cast the deciding vote in the controversial 5-to-4 decision. Although Lessig cautioned that he had no inside information, he said Kennedy “is completely surprised by how much damage this decision has done – even Scalia doesn’t like the world where all the money in the world is on one side.”
I am quite surprised by Larry Lessig’s statement. I too have no inside information, but all the Court watchers I speak to (including Supreme Court reporters) seem to believe that Justice Kennedy has no regrets, and indeed was emboldened by the criticism of the Court—seeing himself as the champion of the First Amendment.
In short, while I hope Larry’s right, I have no confidence that he is.