Citizens United Files American Tradition Partnership Amicus Brief

In 2010 the Supreme Court restored the First Amendment protection of political speech in Citizens United v. FEC. In the two years that followed, the case has come under constant assault from liberal politicians and liberal special interest groups.

The rights and principles restored by the Citizens United decision are again before the Court. American Tradition Partnership, Inc. filed a lawsuit to defend its right to political speech against a Montana statute that was clearly at odds with the Citizens United decision. In an appeal decided by the Montana Supreme Court, American Tradition Partnership’s First Amendment rights were trampled on. The Montana Supreme Court recklessly disregarded the Supreme Court’s holding in Citizens United. As noted in a dissent by Justice Nelson:

The Supreme Court in Citizens United… rejected several asserted governmental interests; and this Court has now come along, retrieved those interests from the garbage can, dusted them off, slapped a “Made in Montana” sticker on them, and held them up as grounds for sustaining a patently unconstitutional statute.

American Tradition Partnership has filed a Petition for Writ of Certiorari with the Supreme Court and has urged the Court to summarily reverse the Montana Supreme Court’s decision. The case is titled American Tradition Partnership, Inc. v. Steve Bullock, Attorney General of Montana. Citizens United has filed an amicus brief in this case supporting American Tradition Partnership’s request that the Supreme Court summarily reverse this incorrect decision. Below is an excerpt taken from the amicus brief:

The decision below is a transparent attempt to circumvent the application of this Court’s precedent to a state statute that is materially indistinguishable from the federal prohibition on corporate independent expenditures struck down by this Court in Citizens United. Such constitutional mischief should proceed no further. The Court should reaffirm its position as the final arbiter of the Constitution’s meaning by granting review and summarily reversing the decision of the Supreme Court of Montana.

Citizens United Amicus Brief – ATP v Bullock