Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, February 2, 2010

A quick response to Michael re: Citizens United

Michael Perry is right.  I would, as a legislator, have voted against the restrictions on political advertising that were struck down in Citizens United. And, I would have done so because, in my view, those restrictions were -- in addition to being not-well-designed for their purported ends, though reasonably-well-designed to advance the interests of incumbent legislators and media corporations -- unconstitutional.  I should note, though, that I am perfectly happy to -- and have plenty of experience at -- (in Michael's words) "take issue with a constitutional decision of the Court when as a policy matter--as a matter of politics, if you will--you are sympathetic to the result."  In Citizens United, though, sound policy, an appropriate (and Perry-esque) conception of the judicial role, and the best understanding of the Constitution seem to me to be in happy alignment.  Nice when that happens!


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