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One Year Ago Today Kagan Argued Against Citizens United

One year ago today, Citizens United returned to the Supreme Court for a rare rehearing in our case against the Federal Election Commission. The Court sought additional argument regarding whether the government could prohibit corporations from engaging in political speech.

Arguing on behalf of the government was Solicitor General Elena Kagan. Today Kagan has been confirmed as an Associate Justice to the Supreme Court, but one year ago the Court offered her a harsh rebuke of her argument that the government should be trusted with the power to regulate speech:

JUSTICE GINSBURG: May I ask you one question that was highlighted in the prior argument, and that was if Congress could say no TV and radio ads, could it also say no newspaper ads, no campaign biographies? Last time the answer was, yes, Congress could, but it didn’t. Is that — is that still the government’s answer?

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GENERAL KAGAN: The government’s… Read More

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