Citizens United Freaking Out Over Kagan

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Tuesday May 11, 2010 · 9:52 AM PDT

2010/05/11 · 09:52

A couple of days ago, the diary Why Kagan Makes Sense: Citizens United made the case that Obama's litmus test for Kagan was the fact that she argued against Citizens United before the Supreme Court, and is against corporate "personhood" generally.

Well, there's someone else who agrees very strongly with that conclusion--Citizens United itself:

Given President Obama's reliance on her role in Citizens United v. Federal Election Commission and the essential importance of the First Amendment to American democracy, I urge the Senate to reject Elena Kagan's nomination to the Supreme Court.

That's Citizens United President David Bossie, and he doesn't like this nomination one bit.

Bossie pours on the hyperbole:

In Elena Kagan, President Obama has found a nominee whose views on the First Amendment are at worst disqualifying and at least should be questioned rigorously. During the second round of oral arguments in CU v. FEC in September of 2009, Solicitor General Kagan argued that a statute that, by her own admission, banned books was not 'overbroad,' and that pamphlets produced with corporate funds could be censored because they are 'classic electioneering.

And appearing yesterday on (of course) Fox News, Bossie whined a lot about how Kagan hates the Chamber of Commerce and loves unions, and is just generally against his idea of the American way:

Bossie: My belief is that Barack Obama chose her for her anti-big business, anti-corporate beliefs.

Now, I doubt that Kagan is really as anti-corporate as Bossie claims. She was doing her job as Solicitor General in arguing that case before the SCOTUS, and though she lost, she obviously impressed Obama a great deal.

And judging by their reaction, it appears she impressed Citizens United as well. In fact, they appear to believe that if she's confirmed, and the case comes up again, the ruling will be overturned.

Here's the entire interview:

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