When the Supreme Court overrules itself, and reaches a result different from the conclusions of Congress, the Executive Branch, and more than 20 state legislatures, the Court has the burden of persuasion. Did the five justices in the majority in Citizens United v. Federal Election Commission meet that burden? The author argues that the answer is no, setting aside the question of whether the majority reached the "right" conclusion about the constitutionality of limiting corporate spending in election campaigns. In this essay, the author explains her answer and addresses a related question: did the Citizens United majority observe the rules of the legal conversation within which the Court is but one of the speakers?
Admin. & Reg. L. News, Spring 2010, at 8.
Berger, Linda L., "What is the Sound of a Corporation Speaking? “Just Another Voice,” According to the Supreme Court" (2010). Scholarly Works. Paper 675.