Friday, April 4, 2014
The Worst Decision?
The Roberts Court is responsible for a bunch of loser decisions—Gonzales v. Carhart, Ledbetter v. Goodyear, FEC v. Wisconsin Right to Life, Morse v. Frederick (with a very different view of free speech), Crawford v. Marion County Election Board, and of course Citizens United v. FEC—but I can't help feeling that McCutcheon will be the one that most comes back to bite us. It's worth looking at Breyer's dissent, excerpted here. It's already being talked about on both sides more than the majority opinion is.