Citizens United and the Wisconsin Vote

I blogged on the left's money excuse earlier, but Michael McConnell is a professor of law at Stanford who previously sat on the U.S. Court of Appeals for the Tenth Circuit.

McConnell's essay is at the Wall Street Journal (via Althouse and Google):

In the wake of Wisconsin's recall election, the Washington Post's Greg Sargent, MSNBC's Lawrence O'Donnell and other commentators disappointed with the result are not blaming the electorate or the apparent success and popularity of Gov. Scott Walker's reforms. Instead, they are singling out the Supreme Court's 2010 campaign-finance decision, Citizens United v. Federal Election Commission, as the reason for Mr. Walker's 7-1 spending advantage.

Citizens United held that associations of Americans, including corporations and labor unions, have a First Amendment right to make independent expenditures in support or opposition to candidates for public office.

In a sense, Citizens United did have an important effect on the Wisconsin election. But the effect was almost exactly the opposite of what many pundits imply.

Labor unions poured money into the state to recall Mr. Walker. According to the Center for Public Integrity, the NEA (National Education Association), the nation's largest teachers union, spent at least $1 million. Its smaller union rival, the AFT (American Federation of Teachers), spent an additional $350,000. Two other unions, the SEIU (Service Employees International Union, which has more than one million government workers) and Afscme (American Federation of State, County and Municipal Employees), spent another $2 million. Little or none of these independent expenditures endorsing a candidate would have been legal under federal law before Citizens United.

By contrast, the large spenders on behalf of Mr. Walker were mostly individuals. According to the Center for Public Integrity, these included Diane Hendricks, Wisconsin's wealthiest businesswoman, who spent over half a million dollars on his behalf; Bob J. Perry, a Texas home builder, who spent almost half a million; and well-known political contributors such as casino operator Sheldon Adelson and former Amway CEO Dick DeVos, who kicked in a quarter-million dollars each. Businessman David Koch gave $1 million to the Republic Governors Association, which spent $4 million on the Wisconsin race.

These donations have nothing to do with Citizens United. Individuals have been free to make unlimited independent expenditures in support of candidates since the Supreme Court case of Buckley v. Valeo (1976).

I have seen no published reports of any corporate expenditures on behalf of Mr. Walker, though presumably the $500,000 Chamber of Commerce contribution to the Republican Governors Association fund came largely from corporate sources. Several groups also ran issue ads that presumably benefited Mr. Walker; these groups are not required to disclose their donors and may have received corporate contributions. Corporations and unions could run issue ads before Citizens United, as long as they did not clearly refer to a candidate.

For the most part, though, Mr. Walker's direct, big-ticket support came from sources that have been lawful for decades.

His opponent, Milwaukee Mayor Tom Barrett, got his support primarily from labor unions, whose participation was legitimized by Citizens United. Without that decision so demonized by the political left, Mr. Barrett would have been at even more of a financial disadvantage.

Speaking generally, Citizens United is likely to benefit Democrats more than Republicans...

RTWT at those top links.