Reversal of Precedents at Issue
The Supreme Court's unusual hearing Wednesday on the role corporations can play in influencing elections carries the potential not only for rewriting the nation's campaign finance laws but also for testing the willingness of the court led by Chief Justice John G. Roberts Jr. to defy the decisions of Congress and to set aside its own precedents. The court will consider whether the "proper disposition" of a case -- pitting a conservative group's scorching campaign film about Hillary Rodham Clinton against federal campaign finance laws -- requires overturning two decisions that said government has an interest in restricting the political activities and speech of corporations. That raises ageless questions about the role of stare decisis -- the court's custom of standing by its previous decisions. But it also raises new ones about the boldness of a court that has moved to the right with the addition of Roberts and Justice Samuel A. Alito Jr.
Reversal of Precedents at Issue Court hears pre-term case on Clinton film (USAToday) The Chance for a Free Speech Do-Over (Wall Street Journal/Theodore Olson)