Yesterday, we posted on President Obama's statement that if other means of curbing corporate election spending fail, he would consider a constitutional amendment to overrule the Supreme Court's Citizens United decision. The President thought it possible that the Court would itself overrule Citizens United, but that seems unlikely in the near term in light of the Supreme Court's (very) summary reversal this past June of a Montana Supreme Court decision upholding Montana's statutory ban on corporate electoral spending.
Ruth Marcus has written this opinion piece providing a more detailed analysis of the President's views. Among other things, she says she has no problem with the President criticizing the Supreme Court's decisions, but she's "uncomfortable" with a President using the threat of a constitutional amendment to coax the Court into rethinking one of its decisions.
