Scalia’s Dissent in Austin v. Michigan

January 22, 2010

Yesterday, Justice Scalia got the chance to overturn a ruling that he has hated for the last 20 years.  Anyway I was just skimming his Austin dissent, and found a couple nice quotes.
His opening statement:
“Attention all citizens. To assure the fairness of elections
by preventing disproportionate expression of the views of
any single powerful group, your Government has decided
that the following associations of persons shall be prohibited
from speaking or writing in support of any candidate: —.”
In permitting Michigan to make private corporations the first
object of this Orwellian announcement, the Court today endorses
the principle that too much speech is an evil that the
democratic majority can proscribe.
He continues:
The Court’s opinion says that political speech of corporationscan be regulated because “[s]tate law grants [them] special advantages,” ante, at 658, and because this “unique state conferred corporate structure . . . facilitates the amassing of large treasuries,” ante, at 660. This analysis seeks to create one good argument by combining two bad ones.
[..]
Thus hopping back and forth between the two, the
argumentation may survive but makes no headway towards
port, where its conclusion waits in vain.
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