The Roberts Court's Biggest Ruling

Ironically, E.J. Dionne is correct when he says that the biggest event Wednesday is not Obama's health care speech, but the special Supreme Court hearing on campaign finance laws.

Judged by the standard of an event's potential long-term impact on our public life, the most important will be the argument before the Supreme Court (on the same day, as it happens) about a case that, if decided wrongly, could surrender control of our democracy to corporate interests.

This sounds melodramatic. It's not. The court is considering eviscerating laws that have been on the books since, in one case, 1907 and in the other, 1947 banning direct contributions and spending by corporations in federal election campaigns. Doing so would obliterate precedents that go back two and three decades.

The full impact of what the court could do in Citizens United v. Federal Election Commission has only begun to receive the attention it deserves. Even the word "radical" does not capture the extent to which the justices could turn our political system upside down. Will it use a case originally brought on a narrow issue to bring our politics back to the corruption of the Gilded Age?

Citizens United, a conservative group, brought suit arguing that it should be exempt from the restrictions of the 2002 McCain-Feingold campaign finance law for a movie it made that was sharply critical of Hillary Clinton. The organization said it should not have to disclose who financed the film.

Instead of deciding the case before it, the court engaged in a remarkable act of overreach. On June 29, it postponed a decision and called for new briefs and a highly unusual new hearing, which is Wednesday's big event. The court chose to consider an issue only tangentially raised by the case. It threatens to overrule a 1990 decision that upheld the long-standing ban on corporate money in campaigns.

The one swing vote on this is going to be the Chief Justice himself, John Roberts. If he chooses to side with the conservatives of the court and strike down the laws preventing direct corporate contributions and limiting indirect ones, the spigots will be opened. Races will literally be bought and sold in 2010 by big corporate interests.

In other words, it would actually be worse than it is now. We'll see where it ends up, but keep an eye out on Wednesday for news of this.