Our species gained the intelligence to accomplish many things…some good, many destructive. Unfortunately we, as a species, are slow to gain wisdom which will likely be our undoing and unfortunately the undoing for many wonderful species of life on our planet. I still hold some hope that we may “science” our way out of the disaster of global warming but watching what is going on in the world today am not very optimistic.
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It can only be “repealed,” I.e., OVERTURNED, by the SC itself, requiring new lawsuits.
Please understand that it is Regulatory Legislation which is required to have a more immediate effect.
I hope that the “3 brilliant Steves” @steviedee111, @ncsteve and @stephen_maturin will check in and comment
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Overturned, thank you, I stand corrected.
But regulating vs overturning, how would that work?
Can such regulation be enacted which overrides a SC decision? Would we only end up clogging the courts with PAC lawyers and Lobbyist lawyers challenging it’s constitutionality? Or would regulatory changes be the first step toward getting it back in front of the SC? (really asking)
Donor Disclosure rules and publication - does not limit the “speech” of the purchased advertising.
They can broadcast whatever they want, we just get to know who paid for it.
Constitution does not protect anonymous speech,
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History is written by the victors.
“Repealing” Citizens United would take a Constitutional Amendment–2/3 of Congress and 3/4 of the states–or a new Supreme Court majority as willing to blow off stare decisis as this Court has explicitly said it is in two recent decisions.
Of the two, the latter is far more likely and infinitely preferable given that such an amendment would entail tampering with the First Amendment, and that’s opening Pandora’s Box.
But Congress is powerless to repeal it.
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Thanks for the explanation.
Alas, seems to me blowing off stare decisis is a slippery slope for any SCOTUS ruling. BUT, couldn’t a new court (or even the old court) reconsider it’s decision based on new evidence? Such as looking at the amount of dollars funneled by a few vs election outcomes. That would show a precipitous tilt.
(SMH, it’s gob-smacking that Cit United even passed in the first place. Naked corruption of the election process.)
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The core reasoning justifying CU was flawed. In practice PACs are not independent and corruption is not limited. It is pandemic now, more so than ever and because of CU. This alone would be the new basis (tons of evidence) to overturn it. And yes, IANAL.
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