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Monday, June 25, 2012

"Were the matter up to me, I would vote to grant the petition for certiorari in order to reconsider Citizens United..."

"... or, at least, its application in this case. But given the Court’s per curiam disposition, I do not see a significant possibility of reconsideration."

Writes Justice Breyer, joined by Justices Ginsburg, Sotomayor, and Kagan, dissenting from the Supreme Court's summary reversal of the Montana Supreme Court's decision, which — as the majority put it presented the question "whether the holding of Citizens United applies to the Montana state law":
There can be no serious doubt that it does. Montana’s arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case.
(PDF.)

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