Bench Memos

Justice O’Connor’s ‘Dissent’ in Citizens United

Former justice Sandra Day O’Connor appeared on Face the Nation yesterday to promote civic education. News reports are focusing on her reaction to the Court’s decision in the Obamacare case. I was more surprised by her reaction to Citizens United. According to the Hill:  “the former justice remained highly critical of the Citizens United ruling, from which she dissented on the bench and said the role of super PACs in the political system ‘hasn’t helped.’”

The Court issued its decision in that case in 2010, several years after Justice Alito replaced Justice O’Connor on the Court.  But the mistake was not entirely the reporter’s, since it was Justice O’Connor who told Bob Schieffer that she dissented. 

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