Will the Supreme Court Reconsider Citizens-United?

Linda Greenhouse wrote Will the Supreme Court Reconsider Citizens-United? based on info about a recent Montana Supreme Court decision.

"In their separate statement, Justices Ginsburg and Breyer seemed not to buy the ‘Montana is different’ rationale, instead viewing the state court’s ruling, despite its protestations to the contrary, as simple defiance of Citizens United. ‘Lower courts are bound to follow this court’s decisions until they are withdrawn or modified,’ the two justices observed.

Their point, rather, was that the Supreme Court itself should use this case as a vehicle to reconsider Citizens United. ‘Montana’s experience and experience elsewhere,’ they said, ‘make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’ ’ (The words they quoted are from Citizens United.) They went on to say that the appeal ‘will give the court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.’"

"Nonetheless, Justices Ginsburg and Breyer are savvy players, and their statement, gratuitous as a legal matter, has to be taken as strategic. So what was the strategy? To keep the public conversation going? To encourage a broader pushback? To induce Justice Kennedy to re-examine his basic assumptions in light of what’s happened since the day in January 2010 when Citizens United burst upon the political landscape? All of the above?"