Jeffrey Toobin on Citizens United
I want to add my bucket of cold water to the views expressed by Tom Goldstein, Ed Whelan, and others about Jeffrey Toobin’s analysis of Citizens United appearing in this week’s New Yorker. There are some great behind-the-scenes facts in Toobin’s story, but his thesis doesn’t fit those facts. Instead of seeing the case as “How Chief Justice Roberts cleverly got the result that he wanted,” Toobin’s real headline is “Justice Kennedy steamrolled the Chief Justice.”
You wonder if something similar might happen in a certain case coming down next month.