WOLF: Is this new reality what the court envisioned happening?
GHOSH: There were two conditions that the court said would rein in or limit the risk of corruption.
The spending by corporations — the money that super PACs raise and spend — would be independent of candidates and the political parties. Because it would be independent, no risk of corruption — that was fundamental to the court’s logic.
The other condition was transparency. The spending by these groups would be openly disclosed. The justices really went out of their way to point out how that would be a huge limitation on any kind of corruption.
The big point is that neither of those two conditions has ever really been true since the 2010 decision. In 2024, what Elon Musk was able to do was the pinnacle of achievement in terms of one billionaire or one megadonor having an outsize effect because of how the law has not been enforced true to the conditions that the Supreme Court set.
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