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.

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2 Responses

  1. Joe says:

    Take out his over the top and dubious analysis, the piece would be a lot better. It also wouldn’t be his.

  2. Howard Wasserman says:

    Your narrative makes a lot more sense given broader history. Austin, the case that CU overturned, was decided during Justice Kennedy’s first full term on the Court and he wrote the main dissent for himself O’Connor and Scalia (Scalia wrote a separate, solo dissent). Kennedy must have had his eye on Austin since 1990.