The public advocacy group Common Cause sent a letter to the Justice Department today to investigate whether or not Supreme Court Justices Antonin Scalia and Clarence Thomas should have recused themselves from the infamous Citizens’ United ruling last year. This week marks the one year anniversary of the landmark 5-4 court ruling that gave corporations the green light to flood political campaigns with as much cash as they choose.
But could the case be overturned due to impartiality on behalf of a few Justices? Common Cause hopes so. President and CEO of Common Cause, Bob Edgar, released the following statement today on the possible conflict of interest:
“Common Cause, which I’m privileged to lead, has asked the Justice Department to investigate whether Supreme Court Justices Antonin Scalia and Clarence Thomas should have recused themselves from the landmark Citizens United vs. Federal Election Commission case last year because they may have attended secret retreats where lobbying and political strategies were developed by some of the biggest players in the 2010 elections.
A year ago this week, Scalia and Thomas supplied critical votes in the 5-4 Citizens United decision that was of particular importance to two politically active billionaire brothers, Charles and David Koch. Charles Koch, president of Koch Industries, the nation’s second largest privately-held firm, and brother David have spent tens and perhaps hundreds of millions of dollars over the years on conservative political activism. The Koch-sponsored group Americans for Prosperity has been critical to development of the Tea Party; it promised last year to spend $45 million on the Congressional midterm elections.”
This is a guest post by Gus Van Harten, professor at the Osgoode Hall Law School and author of Sold Down the Yangtze: Canada's Lopsided Investment Deal with China. This post originally...