The Montana Decision

The Montana Supreme Court restored the state's century-old ban on direct spending by corporations on political candidates or committees in a ruling Friday that interest groups say bucks a high-profile U.S. Supreme Court decision granting political speech rights to corporations.

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"The Citizens United decision dealt with federal laws and elections — like those contests for president and Congress," said Bullock, who is now running for governor. "But the vast majority of elections are held at the state or local level, and this is the first case I am aware of that examines state laws and elections."

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The Montana Supreme Court said Montana has a "compelling interest" to uphold its rationally tailored campaign-finance laws that include a combination of restrictions and disclosure requirements.

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The Montana court agreed with Bullock's argument that past political corruption, led by the famed Butte "Copper Kings" that dominated state politics long ago, gives Montana a compelling interest in regulating corporate spending. They pointed out also that corporations can form voluntary political action committees — subject to disclosure requirements — as a way to remain politically active.

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Two members of the Montana Supreme Court dissented. Both justices Beth Baker and James Nelson said that a state can't impose an outright ban against political spending under the Citizens United decision — even if the U.S. Supreme Court may have got its decision on the matter wrong.

"Citizens United is the law of the land, and this court is duty-bound to follow it," Nelson wrote. "When this case is appealed to the Supreme Court, as I expect it will be, a summary reversal on the merits would not surprise me in the least."

  Great Falls Tribune

Because it’s highly unlikely that the Supreme Court will have become purged of its corporate judges by the time this case gets there. But kudos to Montana for trying to restore democracy.