Hugh Hewitt writes today about the upcoming Supreme Court decision in FEC v. Wisconsin Right To Life. It's probably the most important case on the Court's docket this term that you've never heard of. Hugh's op-ed is written as an amicus brief, addressed to Justices Roberts and Alito, who are the key votes in perhaps overturning a fairly long line of Supreme Court precedent. You need to read the whole thing, but here's a taste:
We lost in 1976 the full and fair and absolutely free political debate that had been the legacy of the revolution. Bureaucrats arrived to replace candidates, editors and the public as judges of what could be said and by whom.This will be an interesting case to watch.
The gag order entered then on every American has grown broader with each passing year as the inevitable distortions that follow a market restraint began to build and then spread. Now George Soros and his friends –who don’t mind hiring the lawyers and gaming the rules—are in the saddle, and the spontaneous speech that has long characterized American politics begins to erupt only to be tamped down by worries about registration, incorporation, reporting and safe harbors.
You two can change that, and with a very simple stroke of the pen. Simply declare that the First Amendment meant what it said, and if the public wants a different system for campaigns, the public will have to amend it.