Time to Make Souter Dissent on Citizens United Public
It could air the court's 'dirty laundry': Richard Hasen
By Matt Cantor, Newser User
Posted May 17, 2012 2:21 PM CDT
Retired Supreme Court Justice David Souter.   (AP Photo/Jim Cole, File)

(Newser) – The Supreme Court could soon revisit the issue of campaign finance, and it's time we heard David Souter's opinion on the matter. Souter wrote an unpublished draft dissent against Citizens United, the case that opened the door to super PACs; it was an issue dear to his heart, notes Richard Hasen at Slate. The dissent was likely a scathing one: According to a New Yorker piece by Jeffrey Toobin, it "aired some of the Court’s dirty laundry."

Toobin writes that "Souter accused the Chief Justice of violating the Court’s own procedures to engineer the result he wanted." The retired justice may well have been suggesting that the court was breaking a rule prohibiting justices from settling matters neither raised by the parties nor inquired about by the justices. A decision in the case was postponed at the time, perhaps for fear Souter's dissent would "damage the court's credibility," according to Toobin. There's no rule against releasing Souter's papers now that he's retired—and this dissent could provide an excellent weapon against super PACs in an upcoming case on Montana's campaign finance laws. Click through for Hasen's full piece.

More From Newser
My Take on This Story
To report an error on this story,
notify our editors.
Time to Make Souter Dissent on Citizens United Public is...
Show results without voting
You Might Like
Showing 3 of 9 comments
May 17, 2012 8:36 PM CDT
Roberts, Scalia and Thomas are the most corrupt in the government. From taking contributions that later decides their decisions, to pushing the ideologies of their backers, to drafting law and ignoring the constitution as activist justices, it is possible to make the case that these justices are murderers. If they had not decided Bush v. Gore based on instructions from the GOP and the Bush Administration, and instead Gore had been president, it is very unlikely that Gore would have invaded Iraq. No Iraq invasion means more than 20 million people (US soldiers, Iraqi soldiers, and civilians) would still be alive. So these activist justices are responsible for the deaths of all of these people and in my book, they are cold blooded killers.
May 17, 2012 6:43 PM CDT
I didn't think that persons could be sold. That would be defined as slavery. The Constitution outlawed slavery. Corporations are bought and sold daily. How then can they be defined as persons? If they are, then I should be able to buy a person.
May 17, 2012 3:26 PM CDT
Who cares what this queer had to say?