Just over two years after its controversial ruling in Citizens United, the U. S. Supreme Court is being challenged to reconsider the heart of its decision. The State Supreme Court of Montana voted 5-2 to uphold a 100 year old Montana law that flies in the face of Citizens United.
The Montana law was passed to reduce the influence of copper barons in controlling the state’s politics. Montana’s justices found their state to be unique because of the influence of a few key industries on a small population. Their interpretation flies directly in the face of the U. S. Supreme Court’s key finding that ““we now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”
The U. S. Supreme Court has blocked enforcement of Montana’s decision pending a potential hearing in Washington. The U.S. Supreme Court could also summarily overturn Montana’s decision. Pressure is being applied by nearly 50% of the states as well as political heavy weights from both parties to reconsider the Citizens United decision. There may be enough votes, four, to get a full hearing on the Montana case, but there is no indication that there are five votes to change the outcome of Citizens United.
More at WaPo.