The Montana Supreme Court issued a stunning ruling Dec. 30 that rejected arguments that the U.S. Supreme Court's landmark ruling in Citizens United vs. FEC applied to Montana's century-old ban on corporate election spending. The 5-2 ruling overturned a lower court and reinstated Montana's Corrupt Practices Act, a citizen initiative passed to confront some of the most overt corporate corruption in American history. Citizens United struck down a federal law that prohibited corporations from directly spending company funds to advocate for or against political candidates. Justice Kennedy's majority opinion in Citizens United ... asserted that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption." That astounding claim promptly birthed super PACs, which can accept unlimited donations to support their favored candidate and attack his or her opponents. By the time the public knows the people or corporations behind the super PAC attacks, four primaries will be complete and the winner may be apparent. The Montana ruling is cause for celebration, but its value can only be realized if other states and courts follow. An appeal to the U.S. Supreme Court is likely and, without far more visible public advocacy for the democratic republic promised by our Constitution, the Roberts court is unlikely to veer from its agenda of steadily enlarging corporate privilege.
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