Money Unlimited: How Chief Justice John Roberts orchestrated the Citizens United decision

Source: Jeffrey Toobin, The New Yorker, May 21, 2012

As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to Roberts…The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term. At the argument of a death-penalty case known as Cone v. Bell, Roberts had berated at length the defendant’s lawyer, Thomas Goldstein, for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations….

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