Tuesday, February 2, 2010
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!