One of the cases that was decided by the Supreme Court in this last term is a case called National Republican Senatorial Committee v. FEC. It’s not a major case, really. It’s just another step in the direction that the Court has been heading in for a while, which will ultimately lead to billionaires just being able to buy elections. We’re not there yet. But we’re getting close.
The seismic case in this whole issue is, of course, Citizens United v. FEC, decided in 2010, in which the Court overruled the constitutionality of the McCain-Feingold Act and opined that corporations were people with a 1st Amendment right to political expression.
Nonsense.
It is so self-evident that corporations are not people.
Corporations are a very useful business entity that are run by people.
Corporations do not have beliefs.
Corporations do not have feelings.
Corporations cannot be put in jail.
Corporations are less alive than our current AI models.
Corporations are run by people (who do not, by the way, have to be Americans, or be eligible to vote).
Corporations have mechanisms for how decisions are made for those corporations, but those mechanisms involve voting and other formal ways of deciding what a corporation is going to do.
So everybody knew that this was nuts.
Second, spending money is not the same thing as speech.
Spending money can amplify speech, but it does not have the nuance, the layers, the complexity of actual speech.
So everybody knows that this is also nuts.
You can think of the Citizen’s United decision being like the following scenario: imagine you’re on the Boston Common, right at the Park Street station, on a soapbox, with a bullhorn, and you’re inveighing passionately for some cause. Also on the Boston Common is a speaker system with the kind of speakers they use at Gillette Stadium, run by someone who opposes your views. While you’re shouting the speaker system is blaring the voice of your opponent at Gillette decibel levels.
The Citizen’s United decision would claim that this is fair.
Oh yes, the decision also included the rights of unions to engage in spending. Really, who cares? Unions have been on the decline for 50 years, and there’s nothing to indicate that is going to change. And the Court has been consistently anti-union (see the Janus decision if you don’t know what I mean) that it was clear this was just a distraction.
Justice John Paul Stevens wrote a 90 page dissent, one of the longest in the court’s history. In the dissent, he predicted, among other things, that:
- Corporations would dramatically enhance their role relative to political parties;
- Rules against coordination would be functionally unenforced (see Elon Musk’s America PAC running Trump’s ground game in 2024);
- Public faith in democratic institutions would erode;
- There would be an explosion of outside political spending;
- Dark money and the collapse of transparency would follow;
- Congress and the states would be crippled in their ability to respond.
All of these have proven to be true.
And it turns out that Justice Anthony Kennedy (as with so many conservative opinions) was just not attached to reality.
Which brings us to the National Republican Senatorial Committee case. This one is not a game changer, as I’ve already previously said. It just takes us another step in the direction of billionaires being able to buy elections. At issue here were limits on coordinated spending between national party committees and individual candidates, enacted in 1972 after President Nixon tried to get members of the dairy industry to pledge $2 million to his campaign in exchange for his promise to push for price supports for the milk industry. This is the kind of quid pro quo transaction the Congress wanted to prevent. And that was still in place until the Supreme Court decimated it.
Technically, the majority held that political-party coordinated-expenditure limits violated the First Amendment, because they were “not proportionate, necessary, or narrowly tailored” given the other less-speech-restrictive tools available to the government.
Okay, whatever.
This would only be convincing if there was an ounce of credibility to the notion that corporations have “beliefs” and spending gazillions of dollars constitutes “speech.”
I do need to point out several particular ironies with the conservative line of thinking on this that we haven’t discussed before:
First, in a world where conservatives are in paroxysms about the possibility that one “illegal” alien may have voted someplace somewhere at some point in time, they have no way of assuring (or even seem to be concerned) that Russian mobsters aren’t using a series of shell companies or 501(c)(4) organizations to send oodles of money to American political campaigns. Even for something less nefarious, like when the Irish boss of a multinational corporation —who is not an American citizen or eligible to vote — makes decisions on where and when his corporation makes donations to American political action committees, they’re not concerned.
Second, corporate officers and directors are getting a second bite of the apple that the rest of us don’t get. They already have the ability to spend as much as $7000 ($3500 for a primary and another $3500 for a general election) to support any given candidate during a two-year election cycle. Nothing prohibits them from compiling a curated list of 1000 political candidates they want to support — now, with the help of AI this would be easy-breezy — so they could theoretically spend $7 million (or more) on their chosen candidates in one election cycle. And now, they also get to decide whom their corporations are going to support.
Finally, the “appearance of corruption” problem. This cat has been out of the bag for a long time and there will be no stuffing it back in. What is by now clear to even the most casual observer that billionaires can simply buy elections. Elon Musk was the single largest donor of the 2024 election cycle, backing Trump through a super PAC which he founded and funded and gave roughly $250 million total to support Trump’s campaign. That PAC ran get-out-the-vote operations in swing states, paid canvassers, and ran ads.
Or take the 2008 sub-prime mortgage crisis. After Citizen’s United the financial industry began dumping money into both Republican and Democratic campaigns. The housing bubble bursts, the “too big to fail” banks are rescued, no banker goes to jail.
This is what people see. Nobody believes that money has not corrupted the entire process and nobody believes that any of the “protections” that Kavanaugh cites have any actual meaning.

