Fast forward a just month later and the Supreme Court is in the firing line again. This time however, the criticism of the high court are not just similar to Bush v. Gore, they go a step further. On top of the criticisms of the court not being deferential to Congress and striking down a provision of the Bipartisan Campaign Reform Act (BCRA), the court was criticized for largely overruling two prior precedents and inviting the corporations to dominate political elections—something that Bush v. Gore did not even come close to doing. However charged the rhetoric may be though, when one looks at the data, it...
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...s, these doubters might say, are sitting on their hands and waiting now, but sooner or later will jump at the opportunity to take the gift the Supreme court has given them to them on a silver platter. And admittedly, this is indeed a possibility. By the same token however, perhaps it will not happen. Future research is needed beyond the 2010 midterm elections and no one will know for certain what those results will be. What is for certain however, is that many of the ex-ante predictions and warnings—especially by those in the legal community—where overstated, over exaggerated, and overblown. As Mark Twain once snidely stated, “get you facts first, and then you can distort them as you please. If only the Citizens United alarmists performed the former before rushing to do the latter, they could have stood a chance of making Citizens United look just like Bush v. Gore.
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