Justia columnist and Cornell law professor Michael Dorf comments on the Supreme Court's recent, 5-4 decision in Arizona Free Enterprise Club's Freedom Club PAC v. Bennett. Dorf explains the Arizona campaign finance system at issue, which the Court struck down, and comments generally on the Court's approach to campaign finance, which he argues leaves loopholes that millionaire candidates can easily exploit. Dorf also explains the difference between "leveling up," where less wealthy candidates receive public money, and "leveling down," where wealthier candidates are limited in what they can spend – and notes how the Court has ruled on both approaches to campaign finance.
Updated:
Justia columnist and former counsel to the president John Dean comments on the second trial of former Illinois Governor Rod Blagojevich, on charges related to a number of instances of political corruption – one of which, perhaps most famously, relates to filling then-President-elect Obama’s open Senate seat. (Obama himself played no part in the scheme). Dean explains why, in Blagojevich’s first trial, he was convicted on only one count, whereas in this second trial, the jury found him guilty on 17 of 20 counts. Dean also covers the unusual voting system that the jury used during its deliberation and offers telling samples of the recordings that led to the conviction. In addition, he parallels Blagojevich’s defense with Nixon’s, and considers – based on conversations with a number of sentencing experts – what sentence Blagojevich may receive. Finally , Dean concludes that any appeal will likely fail, as the judge who oversaw the trial is seen as too intelligent and able to have erred on the law.