Public Affairs Council Doug Pinkham was among a handful of experts who weighed in with the National Journal after this week's U.S. Supreme Court rehearing of Citizens United vs. the Federal Election Commission. The court is examining two rulings that provide a foundation for laws that constrain corporations from spending on elections. Court-watchers predict the laws will be changed, although they differ on how broad the court's decision will be.
Pinkham weighed in on key indicators of the hearing, including the seeming concessions of Solicitor General Elena Kagan.
Pinkham and others were asked to interpret changes in the government's argument since the high court first heard the case last March. Among those changes was whether the government can ban books funded by corporations, which Kagan said it cannot.
"Kagan seemed to concede up front that the government wasn't expecting to win outright," Pinkham told National Journal. "That gives a very strong indication that the court is going to be doing something rather substantial. The government was in a defensive position. It's always difficult to make arguments when you had to change your rationale before the court."
On Kagan's debut as solicitor general, Pinkham gave her "high marks in terms of intellect and lawyering skills."
"But I think she was hampered by the fact that the government seemed to be backing away from its case," he said.
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