A district judge in Helena, Mont., has followed the U.S. Supreme Court's lead in the Citizens United decision and overturned the state's 98-year-old, voter-initiated ban on corporate political spending. One of the three plaintiffs will now get to see just how unwise he may have been to sign onto this case. That plaintiff is Gary Marbut, president of the Montana Shooting Sports Association, a gun rights group. A few days before the ruling, Marbut said:
“There’s a difference between groups like us and the Exxons of the world. ... We don’t want to recreate the Copper Kings era, when they owned Montana and we were their servants.”
A little late to be thinking about that now, Mr. Marbut. Due diligence beforehand might have shown you that for one of your co-plaintiffs, Western Tradition Partnership, recreating the Copper Kings era is not an unintended consequence of this case. It's the whole point. Deluging Montana with secret (and possibly foreign) corporate cash to drown out the voices of local citizens is how the anonymously funded WTP plans to turn back the efforts of what it calls "radical environmentalists." In Colorado, where WTP got its start (albeit with the assistance of some Montana politicians), that turn-back focused on stopping the state from reducing polluting emissions from coal-fired electricity generators.
“The First Amendment was intended to protect citizens from the government, not to shield politicians from criticism,” said Donald Ferguson, Western Tradition Partnership’s executive director. “The court has restored fairness and balance to elections by allowing employers to speak freely about the radical environmentalist candidates and issues that threaten your right to earn a living.”
WTP has a short history of behind-the-scenes meddling in local and state election contests, and one of its Republican operatives has been charged with repeated disclosure and other campaign violations. The organization touts confidentiality to would-be contributors:
“If you decide to support the program, no politician, no bureaucrat and no radical environmentalist will ever know you helped make this program possible,” the presentation said.
In September, the Billings Gazette reported on an investigation into the organization by the Montana Commissioner of Political Practices. Among other things, the commissioner found that WTP is seeking contributions from officers of corporations in Canada, South Africa and Australia.
The other plaintiff is Champion Painting Inc. in Bozeman. Its owner, Kenneth Champion is the local Tea Party chairman. According to The Wall Street Journal:
[Champion] says he wants to spend his company's money to oust city officials who joined an international organization of local governments seeking to meet sustainability goals backed by the United Nations. "You get a lot of people out of California who retire here" and "try to implement the same agenda they had back where they came from," he said.
Unless the state attorney general's appeal of the case succeeds, out-of-state corporations, even foreign corporations, will now be free to drop pallets of cash into Montana's elections. Twenty-six other states already allow that.
At Left in the West, a Montana-based political blog, Jay Stevens hits the bullseye:
Citizens United steamrolled previous court decisions that opined corporate involvement in our electoral process was unsavory and destructive to representative government. That is, the SCOTUS - or the radical elements therein - now considers the corporation "a burnished image of the good citizen." But given the involvement of corporations in politics in the weeks and months after Citizens United, you'd have to agree with the 1990 SCOTUS majority opinion in Austin v. Michigan Chamber of Commerce, which "lambasted" the entry of corporations "into the political arena" because of "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporation's political ideas."
The Copper Kings are long buried. But thanks to Citizens United, their greed-driven chicanery - which led Montanans to implement the state's Corrupt Practices Act nearly a century ago - seems destined to thrive.
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[h/t to Matt Singer at Left in the West.]