On December 21, the Washington Post published this oped by Cass Sunstein on the BCRA decision. I have expressed skepticism of the particular kind of Court deference in the BCRA opinion that Sunstein here praises, and I’ll be writing about that in the coming weeks.
In editing the McConnell decision for the special 2004 update to the Election Law casebook that I coedit with Dan Lowenstein, I ran across the following typo in C.J. Rehnquist’s partial dissent:
“[P]olitical parties often foster speech crucial to a healthy democracy [citation], and fulfill the need for like-minded individuals to ban together and promote a political philosophy.” 72 U.S.L.W. at 4089 (my emphasis). One might better describe members of Congress as the group of like-minded individuals that “banned together” some direct corporate and union spending on electioneering communications.