When Smart People Are Really Stupid

At the New York Times, Nicholas Confessore writes about the continuing fallout from Citizens United.

… for a growing number of strategists and operatives in both parties, the very nature of what it means to work in politics has shifted. Once wedded to the careers and aims of individual candidates, they are now driven by the agendas of the big donors who finance outside spending. …

…In the insular but fast-growing world of super PACs and other independent outfits, there are no cranky candidates, no scheduling conflicts, no bitter strategy debates with rival advisers. There are only wealthy donors and the consultants vying to oblige them.

Political consultants are stampeding to the Super PACs for jobs, because the bankrollers pay better and there’s no campaign to run. So instead of working for candidates, parties, or even advocacy groups, they work for a small number of billionaires with agendas. Some of the Super PACs do accept small donations from many donors, but some of them are “boutique” PACs “set up on behalf of a few donors — sometimes only one.”

The Super PACs are undermining the authority of parties, because it’s so much easier for a wealthy individual or interest group to dump a lot of money into a PAC that can be directed as the benefactor(s) wish. “Because they can give unlimited amounts to outside groups, they can have substantial influence without the hard work of raising money for a candidate, $2,500 check by $2,500 check, from other donors.”

The old worry was that the Super PACs would secretly be in collusion with the campaigns. The new worry is that the campaigns, and the parties, are being frozen out.

Every time I read something about What CU Hath Wrought, I think of the five Supreme Court justices who made this mess possible. These were Kennedy (who wrote the majority opinion), Roberts, Scalia, Thomas, and Alito.

It’s not unreasonable to assume that these five thought they were helping the Republican Party. But let’s assume that on some level they actually believed what they wrote in their opinions. Justice Kennedy wrote in his opinion,

“The fact that speakers may have influence over or access to elected officials does not mean that these officials are corrupt. … The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy. By definition, an independent expenditure is political speech presented to the electorate that is not coordinated with a candidate. … The fact that a corporation, or any other speaker, is willing to spend money to try to persuade voters presupposes that the people have the ultimate influence over elected officials. This is inconsistent with any suggestion that the electorate will refuse “ ‘to take part in democratic governance’ ” because of additional political speech made by a corporation or any other speaker.”

All kinds of people knew this was hooey at the time of the decision. All kinds of people knew that this decision would have a deeply corrosive influence on campaigns and on American government itself. Is Justice Kennedy really so stupid that he believed what he wrote?