'Electoral Integrity,' 'Dependence Corruption,' and What’s New Under the Sun
Richard L. Hasen, 'Electoral Integrity,' 'Dependence Corruption,' and What’s New Under the Sun, 89 N.Y.U. L. Rev. Online 87 (2014).
This short symposium piece is a response to Justin Levitt's comments on Dean Robert Post's concept of "electoral integrity," which Dean Post recently described in his book, Citizens Divided. It argues that eminent constitutional scholars such as Dean Post and Professor Lawrence Lessig have repackaged interests to support campaign finance laws already rejected by the Supreme Court in an attempt to circumvent those earlier Supreme Court precedents. Should a future liberal Supreme Court rethink cases such as Citizens United, it would be far better from the point of view of coherent doctrine and sound policy for the Court to transparently and forthrightly relate these new arguments to the old, and to explain where the Court went wrong before and what path it should take going forward.