The Supreme Court’s Billion-Dollar Mistake

The New York Review of Books:

Five years ago this week, in Citizens United v. Federal Election Commission, the Supreme Court decided to allow unlimited amounts of corporate spending in political campaigns. How important was that decision? At the time, some said criticism of the decision was overblown, and that fears that it would give outsize influence to powerful interests were unfounded. Now, the evidence is in, and the results are devastating.

To coincide with the decision’s fifth anniversary, eight public interest organizations—the Brennan Center for Justice, Common Cause, Public Citizen, Demos, US PIRG, Public Campaign, Justice at Stake, and the Center for Media and Democracy—have simultaneously issued reports that demonstrate the steadily growing influence of money on elections since the Court’s decision. Their findings show that the case opened the spigot to well more than a billion dollars in unrestricted outside spending on political campaigns, by corporations and individuals alike. It has done so at a time when wealth and income disparities in the United States are at their highest levels since 1928. Increasingly, it’s not clear that your vote matters unless you’re also willing to spend tens of thousands of dollars to support your preferences.

Some of this money has come directly from the kind of corporate money at issue inCitizens United. But much more of it has come from other kinds of funding made possible by the Court’s decision, whose rationale undermined expenditure limits across the board, not just for corporations. Take the 2014 midterm elections. Just eleven closely contested Senate races tipped the balance and allowed the Republicans to regain control of the Senate for the first time since 2006. In eight of the ten states for which data is available, outside groups outspent the candidates themselves, by many millions of dollars. In North Carolina, for example, outside groups spent $26 million more than the candidates did. With these kinds of numbers, elected politicians may feel as beholden to such groups as to the people who actually voted for them.