Whitehouse alleges “demonstrably false” fact-finding by conservative justices

Paul Smith of the Campaign Legal Center pointed to a similar issue in Citizens United. Kennedy’s opinion for the court in that case “relied on the factual assertion that independent expenditures in political campaigns … can never be corrupting” unless there is a “quid pro quo,” Smith said. But the lower courts, he continued, developed no evidence on that question because of the way the case was presented. Kennedy’s majority opinion, Smith told Sen. Mazie Hirono of Hawaii, “changed the goalposts.”

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