
When the conservative majority of the US Supreme Court this week blew up the legal caps on the contributions the richest Americans can make to political parties and federal candidates, it was Citizens United redux: champions for those richest Americans gloated in newspeak about “free speech,” political reporters predicted even more private money flooding the air waves with attack ads, and reform leaders issued outraged statements. Most people, though, just shrugged, despondent but unsurprised, rolling their eyes in a giant, collective “what did you expect?” To most people, the whole system has long seemed rigged by the rich and powerful, and hope for reform is close to nil.
The vagaries of fate are such that the Northwest, especially Oregon and Washington and even more especially Seattle, are positioned to lead the national response to this latest travesty from the bench. They could do so both symbolically and practically, at the ballot box in both cases: by voting against the court’s ruling and then by creating a whole new way of paying for campaigns.
Wrecking Crew
The McCutcheon decision extended the money-is-speech-and-speech-is-sacred logic of Citizens United, and the Court majority gave no indication it is done using that logic to demolish campaign finance regulations. Eventually, the majority may smash others too: the ban on direct gifts from corporations to candidates, for example, and the limit on how much you can give to an individual pol.
Already, the Court’s wrecking crew has made these restraints largely irrelevant. Thanks to Citizens United, anyone, including a corporation, can spend unlimited sums, anonymously, on spuriously named “independent expenditure campaigns.” McCutcheon opens the door to a scam that eviscerates the direct-gift cap: candidates can solicit multi-million dollar gifts for their “joint campaign funds,” then parcel out the proceeds to members of their caucus. Those caucus members can reciprocate, tit for tat. Presto! Each candidate ends up with as much money as she or he raised from each billionaire. (In his vehemently dissenting opinion, Justice Breyer spelled out several other ways that candidates can waltz right past the individual gift limit, thanks to the majority’s see-no-evil ruling.)


