SCOTUS: Roberts sides with liberals, weakens Citizens United

[Landslide Lyndon]

http://www.courthousenews.com/2015/04/29/supreme-court-upholds-ban-on-judicial-candidate-fundraising.htm

A divided U.S. Supreme Court on Wednesday ruled that states can bar judicial candidates from direct, personal solicitation of campaign funds.
    
"Judges are not politicians, even when they come to the bench by way of the ballot," Chief Justice John Roberts Jr. wrote on behalf of the court majority. "A state's decision to elect judges does not compel it to compromise public confidence in their integrity."
    
The case before the court centered on Lanell Williams-Yulee, who signed a mass-mail fundraising letter in 2009 announcing her candidacy for county court judge in Hillsborough County, Fla. and seeking donations for her campaign.
    
The Florida Bar reprimanded her for her actions, saying she violated the state's code of judicial conduct. In May 2014, the Florida Supreme Court upheld the prohibition on fundraising, holding that such conduct might cause the public to question a judge's impartiality.

[Torie]

Thank heavens. Judges shouldn't be elected at all, but I digress. Even worse is when they are elected on a partisan basis, ala NY.

[King]

Roberts bails out America again from another Moderate Hero Anthony Kennedy decision.

[The Mikado]

I don't get the title of the thread. What does prohibiting judges from soliciting donations have to do with donating unlimited sums to third party advocacy groups?

[windjammer]

Thank heavens. Judges shouldn't be elected at all, but I digress. Even worse is when they are elected on a partisan basis, ala NY.

[Landslide Lyndon]

I don't get the title of the thread. What does prohibiting judges from soliciting donations have to do with donating unlimited sums to third party advocacy groups?

http://electionlawblog.org/?p=72092

5. The big question will be whether spending limits and limits on super pacs in judicial elections can now pass constitutional muster. There’s the hint of that in Caperton (though the Chief Justice dissented there and Justice Kennedy was on the other side there).  Certainly the door is open now for respectable arguments on this side.

[Clarko95 📚💰📈]

YAAAS SCOTUS YAAAS

[Joe Republic]

Big deal.  No voter cares about judicial elections, who any of the candidates are, or how much money they spent on their campaign.  Wake me up when we see campaign finance reform for elections that matter.

[DrScholl]

It's a start. Judicial races have low turnout overall, so it's important that dark money can't sway low information voters.

[Stand With Israel. Crush Hamas]

Good. Judicial candidates have the worst potential for corruption. The fact that we're still electing judges is ridiculous.

[Skill and Chance]

Roberts bails out America again from another Moderate Hero Anthony Kennedy decision.

Kennedy has never been a moderate.  He's a staunch libertarian.  It just looks like moderation when he switches sides depending on whether it's a social or economic issue.

If anything Roberts is the closest to a real moderate.  He's basically a G.W. Bush compassionate conservative on the bench.

[All Along The Watchtower]

Roberts bails out America again from another Moderate Hero Anthony Kennedy decision.

Kennedy has never been a moderate.  He's a staunch libertarian.  It just looks like moderation when he switches sides depending on whether it's a social or economic issue.

If anything Roberts is the closest to a real moderate.  He's basically a G.W. Bush compassionate conservative on the bench.

Nah, he's a staunch conservative, he just plays the long game, picks his battles, etc.

[Skill and Chance]

Roberts bails out America again from another Moderate Hero Anthony Kennedy decision.

Kennedy has never been a moderate.  He's a staunch libertarian.  It just looks like moderation when he switches sides depending on whether it's a social or economic issue.

If anything Roberts is the closest to a real moderate.  He's basically a G.W. Bush compassionate conservative on the bench.

Nah, he's a staunch conservative, he just plays the long game, picks his battles, etc.

During the Bush years I would have to agree with you, but lately he's:

1. Upheld the ACA 5/4
2. Overturned much of the AZ immigration law 5/3 with Kagan recusing
3. Kept presidential recess appointment power 5/4
4. Kept campaign finance restrictions on judicial elections 5/4

And he's also a very plausible 5th or 6th vote for gay marriage and federal health exchange subsidies.  Are you saying that you think it's all for show and if e.g. Republicans replaced Ginsburg with Ted Cruz in 2017, he would go absolutely wild as the 5th vote?

[Kaine for Senate '18]

What do we think the odds are that this liberal decision is designed to give him cover for a radically conservative ObamaCare/gay marriage decision?

[Skill and Chance]

What do we think the odds are that this liberal decision is designed to give him cover for a radically conservative ObamaCare/gay marriage decision?

Definitely not on gay marriage, because Roberts knows that can happen without him.  Maybe Obamacare, but Kennedy seemed a lot more open to the government than in 2012.  After yesterday, I could see a 9/0 to force recognition of out of state gay marriages as a compromise ruling.  Not sure if that would count as radically conservative, but obviously it falls short of what the left is hoping for.

[Landslide Lyndon]

What do we think the odds are that this liberal decision is designed to give him cover for a radically conservative ObamaCare/gay marriage decision?

Definitely not on gay marriage, because Roberts knows that can happen without him.  Maybe Obamacare, but Kennedy seemed a lot more open to the government than in 2012.  After yesterday, I could see a 9/0 to force recognition of out of state gay marriages as a compromise ruling.  Not sure if that would count as radically conservative, but obviously it falls short of what the left is hoping for.

If Roberts votes to uphold Obamacare subsidies that will be because he is the most pro-business justice and big business have filed briefs that support government's position.

[H.E. VOLODYMYR ZELENKSYY]

We can compromise public integrity in the folks who interpret the laws but not the ones who make them? OK, Chief...

[Ebsy]

Kennedy seemed to agree that blowing up the insurance market by throwing out all the subsidies would be tantamount to the federal government holding a gun to the head of the states.

[King]

Yeah, I feel like King vs Burwell is more clickbait that real case to worry; Roberts, Kennedy, and even Alito have all voiced hesitancy.

Hopefully I'm not wrong about this.

[CountryClassSF]

I'm going to go out on a whim to say I support the decision. I do believe in judicial retention elections, but I don't like the idea of judges campaigning against eachother.

In California, I believe judicial retention is once every twelve years. A simple yes/no.  Some superior court judges, however, are elected as seats come open.

[Atlas Has Shrugged]

Not a bad decision.

[CountryClassSF]

I have also long believed that CU has benefited liberals the most.  Soros and Steyer have significant more influence over our elections than the Kochs or Adelson

[SATW]

Good. Judicial candidates have the worst potential for corruption. The fact that we're still electing judges is ridiculous.

[Alcon]

It's too bad that this effectively just means that judicial candidates almost entirely self-fund, which isn't much better -- and it's exactly what happens.

[Senate Minority Leader Lord Voldemort]

WTF was Anthony Kennedy thinking. Having effin' John Roberts swoop in to save the day is a disgrace.