Josh Hawley's 'Citizens United' stunt isn't what it seems

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

Sen. Josh Hawley is announcing a bill aimed at unraveling the Citizens United decision that’s long been a liberal target. At first glance, it seems strange for the right-wing lawmaker to press against the 5-4 conservative-majority ruling credited with unleashing dark money in politics. But for one thing, overturning the decision requires the Supreme Court to do so, or a constitutional amendment.

” His stated criticism is true enough, but originalism being a mode of constitutional interpretation is a clue that simple legislation wouldn’t overturn the ruling he’s supposedly criticizing. Hawley is a former clerk to Chief Justice John Roberts, by the way. Then there’s what the measure wouldn't do. As RealClearPolitics observed, it “ironically ... would not stop the conservative group that upended modern election law.

 

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