Sandra Day O'Connor Worries About SCOTUS's New Tack on Campaign Finance

Reporting on Politics and Policy.
June 27 2011 5:48 PM

Sandra Day O'Connor Worries About SCOTUS's New Tack on Campaign Finance

ASPEN -- It's not fun to watch someone analyze a mistake she could have prevented. In one of the first sessions here at the Aspen Ideas Festival, Jeffrey Rosen peppered Sandra Day O'Connor with questions about the campaign finance decisions that have come down from the Supreme Court since she left it in 2005. She answered frankly, keeping a poker face, as she argued that the court -- in majorities that include her successor, Sam Alito -- was getting it wrong.

She apologized to Rosen for not having read Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett , today's decision that struck down part of a public financing law in O'Connor's home state. Did she think this was an open constitutional question?

David Weigel David Weigel

David Weigel is a Slate political reporter. 


"I hadn't thought so," she said. "Many states have given some of that. If I'm not mistaken, West Virginia has given some form of this... this is going to come as a shock to some states that have adopted some aspect of public funding for campaigns."

Rosen pressed her on the impact of Citizens United . As she's said before, she's not a fan.

" Citizens United was a concern to me because what it did was recognize corporations as fully recognized as persons under the first Amendment," she said. "I very much doubt that the framers of the Constitution, when they wrote the first Amendment" -- she rustled into her purse to get a copy of the document -- "I don't think they had corporations in mind, to tell the truth."

O'Connor looked down at her copy of the Constitution and read the amendment.

"Do you think they were talking about corporations there, or about us as individuals?"

It was a rhetorical question, one that it's now up to Sam Alito to answer.

UPDATE: The first question to O'Connor was about "stories in the press" about the financial relationships of judges. It was a veiled reference to reports that Clarence Thomas has received gifts from Harlan Crow. O'Connor kept her answer as ambiguous as the question.

If that's the allegation, that certainly could be pursued.

David Weigel is a Slate political reporter. 


Frame Game

Hard Knocks

I was hit by a teacher in an East Texas public school. It taught me nothing.

There Are New Abuse Allegations Against Adrian Peterson

After This Merger, One Company Could Control One-Third of the Planet's Beer Sales

John Oliver Pleads for Scotland to Stay With the U.K.

If You’re Outraged by the NFL, Follow This Satirical Blowhard on Twitter


Don’t Expect Adrian Peterson to Go to Prison

In much of America, beating your kids is perfectly legal. 

The Juice

Ford’s Big Gamble

It’s completely transforming America’s best-selling vehicle.

I Tried to Write an Honest Profile of One of Bollywood’s Biggest Stars. It Didn’t Go Well.

Here’s Why College Women Don’t Take Rape Allegations to the Police

The XX Factor
Sept. 15 2014 1:51 PM Here’s Why College Women Don’t Take Rape Allegations to the Police
  News & Politics
Sept. 15 2014 8:56 PM The Benghazi Whistleblower Who Might Have Revealed a Massive Scandal on his Poetry Blog
Sept. 15 2014 7:27 PM Could IUDs Be the Next Great Weapon in the Battle Against Poverty?
Sept. 15 2014 4:38 PM What Is Straight Ice Cream?
  Double X
The XX Factor
Sept. 15 2014 3:31 PM My Year As an Abortion Doula
  Slate Plus
Tv Club
Sept. 15 2014 11:38 AM The Slate Doctor Who Podcast: Episode 4  A spoiler-filled discussion of "Listen."
Brow Beat
Sept. 15 2014 8:58 PM Lorde Does an Excellent Cover of Kanye West’s “Flashing Lights”
Future Tense
Sept. 15 2014 4:49 PM Cheetah Robot Is Now Wireless and Gallivanting on MIT’s Campus
  Health & Science
Bad Astronomy
Sept. 15 2014 11:00 AM The Comet and the Cosmic Beehive
Sports Nut
Sept. 15 2014 9:05 PM Giving Up on Goodell How the NFL lost the trust of its most loyal reporters.