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A Further Overreach on Political Money

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The New York Times
May 28, 2011

A Further Overreach on Political Money

The spree of big-money political campaigning — and the corruption that comes with it — seemed guaranteed to worsen Thursday when a federal judge in Virginia ruled that corporations are now free to make direct donations to federal candidates.

District Court Judge James Cacheris claimed his decision was consistent with the Supreme Court’s ruling in the Citizens United case. But his interpretation of corporate free speech rights goes much further — and strains all credibility. The Supreme Court specifically said that the Citizens United ruling was about allowing corporate expenditures through independent campaign groups.

A separate Supreme Court decision from 2003, Federal Election Commission v. Beaumont, still stands and leaves no doubt that the ban on corporate donations to candidates remains the law. Judge Cacheris would seem to twice overrule Supreme Court decisions — a hierarchical impossibility as any law student should know. (A federal judge in Minnesota previously ruled that the ban on corporate donations to candidates still stands.)

Of course, in politics there is the law of the land and there is the tireless frenzy for money. Whether Judge Cacheris — who issued his opinion, as he said, “for better or worse” — meant to blur the two remains to be seen. His decision deserves to be struck down on appeal for “equating apples and oranges,” as Mark Lytle, the prosecutor in the case, said of the judge’s overreach.

Judge Cacheris’s ruling struck down part of an indictment accusing two businessmen of illegally reimbursing employees for their donations to Hillary Clinton’s campaigns for president and the Senate. They are charged with paying more than $180,000 to 43 fake donors in an effort to evade donation limits. Most of the indictment still stands, with a trial scheduled in July.

Campaign money bundlers will keep pushing the limits wherever and however they can — and the integrity of our electoral system will pay the price. The courts need to do a far better job of pushing back.

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