U.S. District Judge James C. Cacheris’ ruling, which does not immediately apply to Georgia, grants corporations the same rights as individuals to give directly to candidates.
The Supreme Court, in 2010’s Citizens United ruling, had previously said that corporations had a First Amendment right to make so-called independent expenditures to support a particular candidate, but it stopped short of granting them the ability to contribute directly to a candidate’s campaign. That ruling roiled campaign finance precedents and struck down key sections of the McCain-Feingold Act.
In Georgia, corporations are allowed to give directly to candidates for state office, and this year lawmakers approved a measure that lifts a ban on giving by utilities regulated by the Public Service Commission. Those companies, however, are still barred from giving to PSC candidates.
Cacheris’ ruling, which is likely to end up before the Supreme Court, only affects companies in his Alexandria, Va.-based district. But Doug Chalmers, founder of Atlanta-based Political Law Group and expert in campaign finance law, said if the high court upholds Cacheris’ decision, companies across the country would be allowed to contribute to candidates for the U.S. Senate and House.
“It would be a sea change in federal campaign finance law,” Chalmers told The Atlanta Journal-Constitution.
"This judge has now extended the reasoning from Citizens United to say if corporations have the same First Amendment rights as individuals and individuals are allowed to make contributions to candidates within certain limits, then corporations have the same right," Chalmers said.
In other words, as soon as the Supreme Court gets a hold of this, at some point before the 2012 election I fully expect them to say that corporations will be able to give money directly to candidates without PAC groups or industry advocacy non-profits. Oh, and I'm even more sure that they will be allowed to give anonymously and not have to publicly disclose doing so.
And then the floodgates will open to our lawmakers for sale. Better get them while they're hot.
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