"The senator from Wal-Mart now has the floor." (Joe Bageant)

Supreme Court Ruling Spurs Corporation Run for Congress

Following the recent Supreme Court ruling in Citizens United v. Federal Election Commission to allow unlimited corporate funding of federal campaigns, Murray Hill Inc. today announced it is filing to run for U.S. Congress. "Until now," Murray Hill Inc. said in a statement, "corporate interests had to rely on campaign contributions and influence-peddling to achieve their goals in Washington. But thanks to an enlightened Supreme Court, now we can eliminate the middle-man and run for office ourselves." Murray Hill Inc. is believed to be the first "corporate person" to exercise its constitutional right to run for office.

"The strength of America," Murray Hill Inc. said, "is in the boardrooms, country clubs and Lear jets of America's great corporations. We're saying to Wal-Mart, AIG and Pfizer, if not you, who? If not now, when?" Murray Hill Inc. added: "It's our democracy. We bought it, we paid for it, and we're going to keep it." Murray Hill Inc., a diversifying corporation in the Washington, D.C. area, has long held an interest in politics and sees corporate candidacy as an "emerging new market."

The campaign's "designated human," Eric Hensal, will help the corporation conform to "antiquated, human only" procedures and sign the necessary voter registration and candidacy paperwork. Hensal is excited by this new opportunity: "We want to get in on the ground floor of the democracy market before the whole store is bought by China." Murray Hill Inc. plans on filing to run in the Republican primary in Maryland's 8th Congressional District.

Clearly operating on the premise that the Supreme Court last week changed the entire legal landscape for money in politics, the D.C. Circuit Court appeared on Wednesday to be leaning strongly toward giving even more freedom to campaign groups that are set up to operate independently of candidates and parties. From the opening moment of the 65-minute hearing, most of the nine judges on the en banc Court treated the Supreme Court’s ruling in Citizens United v. Federal Election Commission as the beginning, not the end, of expansion of those freedoms. When an FEC lawyer tried to bring up, and rely on, older precedents, he was reminded repeatedly that those came before Citizens United.

Chief Judge David B. Sentelle, in the first words spoken during the argument session, said to an independent group’s lawyer, ready to open his argument: “What do you have to add to Justice Kennedy?” — Anthony M. Kennedy was Citizen United’s author. And when that lawyer started making his case for more freedom, Judges Sentelle and Douglas H. Ginsburg suggested that he postpone his thoughts on that until after the FEC’s lawyer (arguing second) had a chance to deal with Citizens United. The tone of skepticism toward the FEC then continued throughout. Judge after judge pressed for justifications of government regulation, and seemed unpersuaded by the responses.


The en banc Court heard two consolidated cases (the lead case is SpeechNow.org v. FEC, 08-5223) in the first federal court hearing to explore how far the Supreme Court had gone last Thursday toward liberating independent political operators. It was abundantly clear that each of the nine judges was thoroughly familiar with every detail of the Citizens United decision. And one of the most important developments of the hearing was the degree to which the circuit judges were questioning the government’s ability to justify any restraints on independent groups based on a fear that they might corrupt politics

For over a century, the US has slowly put some limits - too few, too feeble - on how much corporations can bribe, bully or intimidate politicians. On Tuesday, they were burned away in one whoosh. The Supreme Court ruled that corporations can suddenly run political adverts during an election campaign - and there is absolutely no limit on how many, or how much they can spend. So if you anger Goldman Sachs by supporting legislation to break up the too-big-to-fail banks, you will smack into a wall of 24/7 ads exposing your every flaw. If you displease Exxon-Mobil by supporting legislation to deal with global warming, you will now be hit by a tsunami of advertising saying you are opposed to jobs and The American Way. If you rile the defence contractors by opposing the gargantuan war budget, you will face a smear-campaign calling you Soft on Terror.

Representative Alan Grayson says: "It basically institutionalizes and legalizes bribery on the largest scale imaginable. Corporations will now be able to reward the politicians that play ball with them - and beat to death the politicians that don't... You won't even hear any more about the Senator from Kansas. It'll be the Senator from General Electric or the Senator from Microsoft." In 2008, Exxon Mobil made profits of $85bn. So if they dedicated just 10 percent to backing a President who would serve their interests, they would have $8.5bn to spend - more than every candidate for President and every candidate for Senate spent at the last election. And that's just one corporation.

To understand the impact this will have, you need to grasp how smaller sums of corporate money have already hijacked American democracy. Let's look at a case that is simple and immediate and every American can see in front of them: healthcare. The United States is the only major industrialized democracy that doesn't guarantee healthcare for all its citizens. The result is that, according to a detailed study by Harvard University, some 45,000 Americans die needlessly every year. That's equivalent to 15 9/11s every year, or two Haitian earthquakes every decade.

How happy, then, to learn that a handful of our leaders in Washington took bold and forceful action last week to lift another group of downtrodden Americans from the pits of injustice, helping them gain more political and governmental power. I refer, of course, to corporations.

Say what? Corporations should get more power over our elected officials?

"Free the corporate money," cried the movement's leaders, demanding that America sever the few legal restraints that remain on corporate efforts to buy our elections. "Si, se puede," chanted these assertive champions of corporate supremacy -- "Yes, we can!"

So, they did. "They" being the five doctrinaire corporatists who now form the majority on the U.S. Supreme Court. Let's remember their names: Sam Alito, Anthony Kennedy, John Roberts, Antonin Scalia and Clarence Thomas. These five men, on their own whim, have executed a black-robed coup against the American people's democratic authority.