Showing posts with label Follow The Money. Show all posts
Showing posts with label Follow The Money. Show all posts

Wednesday, June 27, 2012

Money, Power and Politics

by ANN ROBERTSON and BILL LEUMER
 
There has been much talk recently about the impact of money on politics, especially in the wake of the Citizens United ruling that has ratcheted up the role of corporate money in political campaigns. Organized labor was quick to blame this ruling for its defeat in Wisconsin. And many have assumed that the relation of money to politics is like a law of nature: the more money one has, the more political power one can wield.

There is some truth to this claim. In a recent editorial (Money Rules, April 19, 2012) The New York Times noted that “big donors to Mr. Obama and the Democratic Party are far more likely to be welcomed at the White House than those who gave smaller gifts.”

The editorial continued: “And, despite decades of money abuses and scandal, neither presidential candidate [Obama nor Romney] has shown any interest in reforming the system.”

Of course, politicians always deny that there is any connection between campaign donations and their policy decisions, swearing that the strong statistical correlation between the two is entirely coincidental. However, given their fixation on “the bottom line,” it is inconceivable that corporations would continue to donate billions of dollars a year to politicians if they did not expect to get a “return” on their investment.

It should not be surprising that money and power tend to converge. Capitalism is not just an economic system that places profit above all other concerns; it breeds a culture in which money is the “bottom line” in every transaction. Money opens the doors to the best education available, to quality health care and spacious homes in crime-free neighborhoods, not to mention “attractive mates.” Money buys leisure time and can allow people to avoid work altogether. Money commands respect. When Jamie Dimon of JPMorgan appeared before a Congressional committee after having lost billions of dollars in risky investments, he was bombarded by obsequious questions by members of Congress, who probably would have preferred asking him for investing advice. And although not a sufficient condition, money is a necessary condition for winning political elections and is usually the determining factor. Finally, with individuals placed in perennial competition with one another under capitalism, social and community ties are weakened, leaving only money to fill the void.

Within the system of capitalism, the more money and power one has, the easier it is to acquire still more money and power. When the billionaire Warren Buffett recently invested $5 billion dollars with Goldman Sachs, he was guaranteed a 10 percent rate of return, meaning he will make $500 million a year without lifting a finger. Even worse, much of this money is acquired simply by the rich taking from everyone else. In their recent book, Winner-Take-All Politics: How Washington Made the Rich Richer – and Turned Its Back on the Middle Class, political scientists Jacob Hacker and Paul Pierson argue that much of the new wealth enjoyed by the rich has resulted from their success at lobbying politicians to change the tax laws and business regulations to their advantage. Hence, when left to its own devices, capitalism tends to concentrate money and power in the hands of a few while allowing inequalities in wealth to grow ever greater.

Unions were created to combat these tendencies and to protect workers from their employers’ avid pursuit of money.  While employers want to maximize profits, workers want enough to pay their bills and lead a comfortable life. Hence, there is a power struggle between workers and employers over how much of the company’s profits will go to wages and benefits and how much to the owners. Given that the owners have far more money at their disposal than the workers, one might assume that they hold the reins of power in their hands and can dictate the outcome.

But there is a limit to the role that money can play. Unions operate on their own unique principles that provide the potential for a far greater exercise of power than what their employers can command, even with far more money at their disposal. Rejecting competition, workers organized unions on the principle of solidarity. It was a logical course for workers to pursue: while an individual worker is powerless in the face of a domineering employer and while workers who are competing against one another are collectively powerless in relation to the employer, workers quickly learned that power shifts in their direction when they join together and engage in coordinated action. If one person tries to conduct a strike, that person is simply fired. When the entire workforce conducts a strike, they bring the business to a grinding halt and become a force to contend with.

Because of this need to stand together and work for a common goal, unions generate their own culture. When they have successfully struggled together, camaraderie develops among the union members. They take care of one another, cover for each other, and form lifetime friendships in much the same way as soldiers who have endured battles together.

For this reason, union struggles can change the entire political and cultural landscape. When workers decide to take a stand in order to break the cycle of growing inequalities in wealth, when they fight for a decent standard of living that includes a living wage, job security, health care, access to quality education, homeownership, and retirement with dignity, not just for themselves but for everyone, they inspire all working people and create the possibility of a massive social movement that has the potential to forge historic changes, as was done in the 1930s. People are inspired by movements that aim at creating a better world for everyone, where those who need help are given what they need, where people contribute according to their ability, and where no one advances at the expense of others. This more ennobled sense of humanity engenders inspiration in a way that money never can. And people are inspired when workers wage a real fight, as opposed to the current ever so prevalent practice of organizing fake fights that involve porous picket lines that no one takes seriously or demonstrations of several hundred workers when the workforce includes thousands.

When these social movements achieve momentum, money no longer plays the deciding role. People shed their disconnected isolation, become engaged and talk with one another, become knowledgeable of the issues, and derive strength in their numbers. And massive numbers of people demonstrating for a common goal has proved time and again to be the prevailing factor.

At this time in history, organized labor, however, seems content to rely on money for power. Unions spend hundreds of millions of dollars trying to elect Democrats to office, leaving the vast reservoir of power of their membership untapped. Of course, corporations have even more money at their disposal and give generously to both political parties to hedge their bets, easily outspending labor in the process. When it comes to money, simple arithmetic is all that counts: because corporations give far more than labor, they get far more than labor, and the inequalities in wealth continue to grow.

As a result of the unions’ current orientation toward the Democratic Party, one must look long and hard for compelling examples, aside from the 1930s, when unions put up a valiant struggle. But in 1958 the unions relied on themselves instead of the Democrats, mobilized their members to defeat a right to work law, and won a stunning victory. The local newspaper reported: “Ohio voters rejected the ‘right-to-work’ proposal by the biggest margin ever recorded on an issue on the ballot in the state’s history.”

More recently, United Electrical workers conducted a sit-down strike in a Chicago windows and doors factory, demanding their severance pay from the Bank of America. Because of the outpouring of public support from across the country, Bank of America, one of the most powerful corporations in the world, backed down, and the workers won their demands.

When it is a question of the efficacy of money in politics and workers fail to put up a fight, money prevails. The moral is: money counts – but only if we let it.

Thursday, November 17, 2011

Why Republicans Are Acting So Crazy

by SAM SMITH
 
Not every change in national policy and events is announced with a new conference or presidential speech.

A case in point is the rapid rise of apparent mental instability in the Republican Party. You used to just disagree with Republicans; now you have to worry whether your children will be safe in their proximity.

Historians may peg 2008 – with Sarah Palin chosen to run for vice president – as the beginning of the GOP breakdown. But in the past year things have moved from individually ridiculous to generally irrational.

The explanations vary. David Sirota, for example, calls it sadism, but where did it come from and why so suddenly?
 
The best rule of thumb is to follow the money.

And that, rather quickly, takes you back to a little over a year ago to January 21, 2010 when the Supreme Court declared that corporations were free to buy our elections at will. As Justice Stevens noted in his dissent:
At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.”
Of course, as Stevens suggested, the ability of corporados to buy politicians was already well underway. Twelve years earlier, for example, I had given a speech at a rally at the US Capitol in which I said:
My final objection [private campaign financing] is biologic. Elections are for and between human beings. How do you tell when you’re dealing with a person? Well, they bleed, burp, wiggle their toes and have sex. They register for the draft. They register to vote. They watch MTV. They go to prison and they have babies and cancer. Eventually they die and are buried or cremated.
“Now this may seem obvious to you, but there are tens of thousands of lawyers and judges and politicians who simply don’t believe it. They will tell you that a corporation is a person, based on a corrupt Supreme Court interpretation of the 14th Amendment from back in the robber baron era of the late 19th century — a time in many ways not unlike our own.
“Before this ruling, everyone knew what a person was just as everyone knew what a bribe was. States regulated corporations because they were legal fictions lacking not only blood and bones, but conscience, morality, and free . .
Corporations say they just want to be treated like people, but that’s not true. Test it out. Try to exercise your free speech on the property of a corporation just like they exercise theirs in your election. You’ll find out quickly who is more of a person. We can take care of this biologic problem by applying a simple literary solution: tell the truth. A corporation is not a person and should not be allowed to be called one under the law.
Further, you don’t always need to buy a politician directly, as Source Watch explained:
In an April 9, 2009 article, Lee Fang reports that the principal organizers of Tea Party events are Americans for Prosperity and Freedom Works, two “lobbyist-run think tanks” that are “well funded” and that provide the logistics and organizing for the Tea Party movement from coast to coast. Media Matters reported that David Koch of Koch Industries was a co-founder of Citizens for a Sound Economy, the predecessor of FreedomWorks. David Koch was chairman of the board of directors of CSE. CSE received substantial funding from David Koch of Koch Industries, which is the largest privately-held energy company in the country, and the conservative Koch Family Foundations, which make substantial annual donations to conservative think tanks, advocacy groups, etc. Media Matters reported that the Koch family has given more than $12 million to CSE (predecessor of FreedomWorks) between 1985 and 2002. .
Media Matters also lists the Sarah Scaife Foundation as having given a total of $2.96 million in funding to FreedomWorks. The Sarah Mellon Scaife Foundation is financed by the Mellon industrial, oil, and banking fortune. The Claude R. Lambe Foundation, also controlled by the Koch family, has donated more than $3 million to Americans for Prosperity.
That said, there is a moment when confusion turns into chaos or assault turns into murder. For the American political system that moment was the Supreme Court decision on corporations a year ago. Historians – if such people are permitted to exist in the future – will probably see this as one of the great tipping points in the collapse of America.

Further, what has happened in the last year – including the Tea Party surge in the 2010 election – is not so much the result of an intrinsic mental breakdown in the GOP as it is the conscious selection of candidates who would once have been considered absurd, but now can be safely used to carry out corporatist goals because the public no longer has the power to defeat the money.

A Scott Walker or Paul LePage can say and do anything that their campaign contributors want because it is assumed by the latter that money now inevitably trumps public will.

Yes, Scott Walker may be a sadist and Paule LePage a dumb bully, but they are merely tools of those who fund them. All they have to do is be pluto pimps for the corporate agenda.

This is scheme wouldn’t work so well if their funders mainly wanted something, but what they really want is the absence of something -namely a government that might stand in their way. So long as Walker and LePage are destroying things, their backers are quite content.

These Republicans are wrecking trucks for the big businesses that want to tear down the neighborhood we call America.

It’s working for them right now. Whether it will continue to do so remains to be seen. For example, for the working class to even think about supporting Republicans is an idea only about three decades old.

A short list of constituencies that Republicans have recently offended include supporters of 9/11 responders, the AARP, Americorps, black men, cchildren with pre-existing health conditions, college students, cops, disabled people, aarthquake warnings, employed women, EPA, ethnically mixed couples, gays, ill people who need medical marijuana, immigrants and their children, jobless people, journalists, latinos, Medicaid recipients, Methodists, minimum wage workers, the National Endowment for the Arts, the National Institutes of Health, the National Science Foundation, NPR & PBS, the Postal Service, public school students, public workers, scientists, supporters of separation of church and state, Social Security recipients, state workers, and women generally.

That’s not a bad base around which to build an electoral rebellion.

Liberals could rediscover the working class and start showing it some respect in their policies. Issues could become more important than icons in our politics. Youth could rediscover their collective power once they turn off Facebook and their Ipods. The drive for a constitutional amendment ending corporate personhood could become a major issue.

And, as I noted at the Capitol back in 1999:
The people who work in the building behind us have learned to count money ahead of votes. It is time to chase the money changers out of the temple. But how? After all, getting Congress to adopt publicly funded campaigns is like trying to get the Mafia to adopt the Ten Commandments as its mission statement. I would suggest that while fighting this difficult battle there is something we can do starting tomorrow. We can pull together every decent organization and individual in communities all over America — the churches, activist organizations, social service groups, moral business people, concerned citizens — and begin drafting a code of conduct for politicians. We do not have to wait for any legislature. If we do this right, if we form true broad-based coalitions of decency, then the politicians will ignore us only at their peril.
At root, dear friends, our problem is that politicians have come to have more fear of their campaign contributors than they have of the voters. We have to teach politicians to be afraid of us again. And nothing will do it better than a coming together of a righteously outraged and unified constituency demanding an end to bribery of politicians, whether it occurs before, during, or after a campaign.
In the meanwhile, it is best to keep in mind that the Republicans destroying our land are doing so not so much because of some new mental problems. They had them before and you just didn’t hear about them.

They are tearing down the nation because their problems are extremely valuable to the corporados who have put them into office and don’t want government to work at all.

Our battle, thus, is not with Walker and LePage but with the big bucks that put them where they are. Follow the money.

Thursday, September 8, 2011

Buddy Roemer Was Not Invited

Decline of the Empire 09/08/2011

Those vying to become the leaders of the Republican "cult" (as renegade congressional staffer Mike Lofgren put it) held a "debate" last night. It apparently has not occurred to anyone on National Public Radio this morning that any  "debate" featuring Michele Bachmann, who is always painted as a front-runner, indicates the complete collapse of political legitimacy in the United States. I wonder how Angela Merkel views this. Not to mention Hu Jintao.

Former Louisiana governor Buddy Roemer was not invited to participate, although he is running for President on the Republican side. Unlike Michele, he does not have enough support yet to warrant a spot on the Big Debate Platform. Buddy has a pet peeve about politics in America. His problem with the whole process is that special interests run the show. Here is an excerpt from his speech to the National Press Club on August 17, 2011. He called his talk The Tyranny of The Big Check. I will quote it at length. I've presented Roemer's remarks on money in politics just as they appear on his campaign website.
But today, i want to talk about why these bold actions will not take place, will not happen.
Special interests own this town.
And the special interests have never been so well off. They are in control, and in a land run more and more by the government, they finance the choice of national candidates, and the presidential election itself.
We are broken and need to take bold action to grow again, but the special interests have never had it so good —- why change?
I agree with those who say that our political system, our nation’s capital, is institutionally corrupt.
For example, special interests write the tax code. You cannot read it. They can. General electric is the largest corporate giver in the last election cycle, made a profit last year of $5.2 billion and paid zero federal income taxes, while the average profitable small business person pays 36%. Fair?
Every year the costs of elections rise, and the same 1% or 2% of America give the money. 98% give nothing. That’s the system and it results in special favors and provisions and opportunities for those at the top who give the money.
We are owned from the top down by special interest money, political action committee (PAC) money, by wall street money, and by the big check.
Institutionally corrupt and it’s getting worse.
Look at the record.
Healthcare reform under president Obama was designed to lower the cost of healthcare yet it didn’t include tort reform. The tort lawyers are big givers to both parties.
It didn’t eliminate the protection that insurance companies have to prevent competition from out of state. Big givers, those insurance companies.
It didn’t require pharmaceutical companies to discount prices on government business. Oh no! Big bucks and the threat of big bucks from these multi-nationals.
A 2,300 page bill, unconstitutional at its core with the insurance mandate, and it didn’t even touch three of the most expensive healthcare costs.
Special interest money wrote healthcare.
Did you know that PACS and lobbyists with Washington dc area addresses gave more money in the last presidential campaign than 32 states combined?
Washington dc is a boom town and the rest of America is hurting.
Now, four years later, it’s worse.
The PACS are now uncountable. They can give twice as much as individuals. Why? There is no disclosure, no names, and no accountability as to purpose or source.
Then there is the “bundler”, who collects checks from others, delivers them to the candidate in a bundle with political credit going not to the sucker who give their $2,500 or $5,000, but to the collector who gives the PACkage to the candidate at $100,000 or $200,000 or $1,000,000 or $2,000,000 political value.
I recently read a paper written by a Harvard law school student about bundling and the selection of united states ambassadors under Obama and his predecessors. Checkbook diplomacy he called it.
Historically, all presidents have appointed about 30% political appointees versus 70% professional Foreign Service selections. President Obama is at 65% political (58 out of 90), and the major portion went to “bundlers”, such as
Roos to Japan with a $500,000 bundle
Susman to Great Britain with a $500,000 bundle
Rivkin to France with a $800,000 bundle
Gutman to Belgium for a $775,000 bundle
Beyer to Switzerland for a $745,000 PACkage.
On and on it goes.
And this is just 5 out of the first 24 bundler-nominees put forth by president Obama. These 24 nominees bundled more than $11 million minimum without counting their contributions to other fund raising opportunities such as the inaugural committee, the president’s leadership PAC, and the democrat national committee. There is no end to the cash these bundlers give and to the power and control it buys.
Both parties have done it, but Obama is the master.
We are selling important public jobs for special favored private money like a third world country.
The Tyranny of the Big Check. Position for sale!
It doesn’t end there.
Lobbyists have become fundraisers in an institutionally corrupt system. Lobbyists have been a critical source of information and focused industry knowledge since the beginning of our nation. It is a position considered honorable and necessary to the function of a representative democracy.
But it should not be combined with the role of a political fundraiser, where the danger is that the size of the check should determine the action of the representative.
Vote buying is a dangerous and slippery slope in a world where fair play and level playing field are as American as “apple pie”.
In short, a registered lobbyist should not be allowed to both lobby and fund raise. His/her choice, one or the other.
Jack Abramoff is a name that comes to mind.
The American bar association just endorsed this separation of registered lobbyist from the act of fund raising.
Special interest money, PAC money, bundled money. They never stop. They never cease. They never sleep.
Announce a new committee or a new appointment? A fundraiser by the special interest lobbyist immediately follows!
Two weeks ago congress agreed on a pitiful budget-debt ceiling resolution which called for a special committee of six dems and six republicans with awesome power of spending cuts and tax increases. It was a bad idea in my opinion, but it is now the law.
We immediately contacted the office of the speaker of the house and the president of the senate asking that all meetings of the special committee be held in a public forum and that members selected pledge not to accept PAC or lobbyists checks during the remainder of their term of office. Let the vote of the people be the ultimate decider of the choices inherent in this unusual situation, not the power of a special interest check.
No response from the congressional leadership.
Last week the leadership’s selections were made public and 24 hours later one of the members selected, congressman Becerra, had leaked the fact that he had accepted a major fundraiser by a group of lobbyists at $1,500 a ticket high lighting the fact that he was on the committee that would imPACt their special interests, their budget earmarks, and their tax loopholes.
It never stops. Incredible.
And Becerra’s answer? “I will continue to do what i have to do as a member of congress. So yes, we are going to move forward.”
So exactly what is his role as a member of congress? Collect fat special interest and lobbyists and PAC checks to get re-elected?
Or to represent his district and help rebuild America?
Watch the money!!!
We challenge the leadership of the house and the senate. Let the people decide these issues at the voting booth, not the special interest cash and check booth.
It is not too late to make a statement. Ask members of the special committee to eschew lobbyists, PACS, and special interest fundraising for the duration of this term. Ideas are welcome. Contributions from the vested interests are not.
The system is institutionally corrupt. Both parties are guilty and it is getting worse.
Which leads me to something new: “SUPERPACS”.
SUPERPACS do not have to disclose the contributions received and dollar amounts are unlimited. Their only requirement is that they have to be independent of any candidate although concepts can be shared.
What a joke!!
Independent? Romney’s SUPERPACS (or does he have two?) Got a $1 million contribution from a corporation formed special for that purpose and which dissolved after the check was delivered. When word leaked out about the million, Romney reluctantly revealed the source. Why was the million dollars hidden?
Independent? The PAC is run by former chief of staff, business partners, former employees, and is funded by individuals who already have contributed the maximum amount.
This is not disclosure or independence. This is phony, shadowy, hidden, corrupt in the truest sense of the word, corrupt in every sense of the word.
And I don’t want to pick on Romney alone. He is not unique. It is revealed that governor Rick Perry has seven SUPERPACS headed by former associates, staff, and maximum operatives. Bachmann has a SUPERPACS as does Paul and Huntsman.
Don’t do it. I challenge them. Don’t do it.
Join with me and let’s give ourselves a chance to take bold, clean action to restore America and to energize the plain people of our country who fight the wars, build the roads, start the small businesses, teach the kids, and raise the families of America.
Let’s restore honesty, and faith, and transparency to this corrupt political system.
These SUPERPACS are phony. They are not independent. They are just bald-faced efforts to hide the facts of the power of the big checks from the American people. They are just special interests buying yet more influence. You don’t believe the SUPERPACS are phony in their pretending to be independent?
Do you know that the candidate can attend the fundraising dinner, speak and be acknowledged, have it run by his henchman, and claim independence?
It is a joke, but a joke on our country. Don’t do it candidates. Join with me.
Still unsure about the below the surface corruption of our system? Look at the so-called banking reform of last year. Read Grethchen Morgenson in the New York Times every Sunday as she describes banking corruption, or ask a community banker in your town.
Our financial system is still not out of the woods, because “banking reform” did not eliminate too big to fail. Glass-Stegal is still dead. Goldman Sachs is still the largest political contributor in the financial sector and no one went to jail after they lied to the congress and abused their client privilege. And Obama is on wall street a month later having a huge fundraiser at $35,000 a ticket.
See how this corrupt system works? Jobs for sale. Wink and nod for change. Oh the president is a great fundraiser. Just what I’m looking for in a president — how about you?
I don't have much to add. See my post The Root Of All Political Evil. Today's post should not be taken as an endorsement of Buddy Roemer, but he's the only one running who is willing to talk about the only issue that matters. I'm never going to vote again, and I recommend you do the same.

Monday, May 17, 2010

SpeechNow vs. FEC

Citizens United, Act II: SpeechNow vs. FEC
By karoli Sunday May 16, 2010 


There's an interesting convergence of politics and law going on right now around the Pandora's box that is campaign finance. Round II of the Citizens United case will likely be SpeechNow vs. the FEC. In this round, the issue is the relationship between the law, 527 tax exempt organizations, and independent expenditures (money spent for direct mail, TV, radio and internet advertising).

The Players

SpeechNow.org is a group formed with the purpose to oppose candidates who, in their view, act to squelch free speech. The named principals are David Keating (Club for GrowthExecutive Director), Edward Crane (Cato Institute founder), Fred Young (Cato Institute board member), Brad Russo and Scott Burkhardt.

Their stated purpose and goal

The stated purpose of SpeechNow.org is as follows (from appellate court opinion here):
...to promote the First Amendment rights of free speech and freedom to assemble by expressly advocating for federal candidates whom it views as supporting those rights and against those whom it sees as insufficiently committed to those rights.
To illustrate how they proposed to carry out their purpose, SpeechNow.org supplied ad copy from ads they had planned to run in 2008 against Republican Congressman Dan Burton and Democratic Senator Mary Landrieu. Examples were carefully chosen to demonstrate their non-partisan bent. Sample copy for one television ad read this way:
[P]oliticians like Dan Burton don’t like free speech. Burton voted for a bill to restrict the speech of many public interest groups. Under this bill you could go to jail for criticizing politicians.
Hey Dan Burton. This is America, not Russia.
But we still have the right to vote. Say no to Burton for Congress. Say no to censorship.
And against Landrieu:
“Our founding fathers made free speech the First Amendment to the Constitution. Mary Landrieu is taking that right away. Don’t let her do it again.”
What's at stake

Non-profit groups organized as 527 organizations have some specific rules to limit the amounts an individual may contribute. Currently the annual maximum contribution from an individual is $5,000. SpeechNow argues that because contributions are being passed through the organization as "independent expenditures" (e.g., funds used to pay for direct mail campaigns, TV, radio and internet advertising) the limits shouldn't apply, just as they do not apply to corporate "persons" in the Citizens United case.

If SpeechNow.org is successful, any group who spends money on direct mail, TV, radio or internet advertising can use a non-profit entity to make unlimited contributions. They further object to the reporting requirements imposed on 527 organizations, and are seeking to have those abolished.

The political stakes

The line SpeechNow.org is walking is extraordinarily fine. They claim to be an issue-focused group (i.e., free speech), but it's clear they intend to target candidates and pour money into those targeted districts to influence the outcome of elections.

It's equally clear (to me, at least) that this particular group will be completely partisan about who they apply their "free speech" standards to, which raises this question for me: What bright-line standard could be applied to ad copy to distinguish one ad as an "issues ad" from another that's a "candidate ad"? The two are inextricably linked. I can't see where any group worth their salt would buy ads to say "Vote Candidate X out of office. That is all."

Ads generally wrap around an issue with the goal of defeating the candidate, while promoting the issue as a second outcome. If SpeechNow.org succeeds, what we will have here is direct advocacy for or against candidates by groups allowed unlimited donations for buying such advertising while eliminating all disclosure as to who the buyers are.

As one who spends a lot of time following campaign money, I see this as a disaster.
This case is also about to become a political football in the pending nomination of Elena Kagan.
SCOTUSblog:
The FEC and the U.S. Solicitor General’s office have not yet decided whether to take to the Supreme Court the FEC’s unanimous loss in the D.C. Circuit Court in the SpeechNow case. While the time to file a challenge before the Justices does not expire until late June, the motion filed Friday in U.S. District Court will put added pressure on government officials to make up their minds on the next step. They must respond to the new motion in 14 days, for example — that is, before the end of this month.
One of the issues surrounding Kagan's confirmation is the question of her recusal in cases where she has acted on behalf of the United States as Solicitor General. Forcing this case to the front seems to be pure politics to me. If she has acted on this case as Solicitor General, she will not be able to hear it as a Supreme Court Justice.

Given the decision of the appellate court and the Supreme Court in the Citizens United matter, it may not matter anyway. It could be that they've won this outright already, in which case we all lose.

Here's what concerns me the most. Even if we have publicly financed elections, this kind of activity will not stop. Voters will be barraged with ad after ad after ad for a candidate, against a candidate, via a known organization or via an astroturf group. While public financing will certainly separate candidates one degree or so from the money, the inarguable influence of these independent expenditures will still hold sway with the candidate and with the public and continue to subvert the process.

Really, the only hope we have for free and fair elections is an educated, engaged electorate with the ability to discern the difference between candidates without 30 second sound bites or propaganda films to promote or defeat them.