Hawaii is being targeted in a new attack on state campaign spending laws following the Supreme Court’s granting corporations the right of "free speech." Make no mistake about it, though, this is just the first skirmish in what is likely a state-by-state battle. Hawaii may have been chosen since the state has a Republican administration, so a lawsuit could be an easier win than elsewhere.
Attorney James Bopp Jr., of Citizens United fame, is in this one as lead counsel.
The first question that comes to mind is just how vigorously will Hawaii defend its campaign spending and transparency laws.
A copy of the lawsuit can be viewed or downloaded below.
What is at risk are laws not only in Hawaii but anywhere in the country that seek to bring accountability to corporate spending. Hawaii’s law sets limits and requires disclosures. Both are challenged in the complaint.
As you can imagine, this lawsuit will be funded to whatever extent it needs. Lead counsel is attorney James Bopp Jr., who pushed Citizens United through to the Supreme Court.
The State of Hawaii is being called on to defend its campaign spending law. At present, that would seem to require a Republican administration do the defending. This should be cause for concern.
In fact, we should be very concerned, especially if the case is expedited and heard before the 2010 elections. While it would be uncharacteristic (not to mention unprofessional and unethical) of our Attorney General to simply wimp out in defending the law, how can we be sure that the defense is given all the resources it will take to fend off a well-financed and carefully orchestrated legal attack by conservatives?
The AG works for the governor. How would it affect Governor Linda Lingle’s standing in her own party if Hawaii’s law were sustained? If it were defeated?
You can read or download the complaint here. Since this is an OCRd copy, do not rely on it, but get an official copy instead. If you copy-and-paste, check for possible errors.
You can read it full screen by clicking on Fullscreen on the top line.
Download:
10-cv-00497