In her first oral argument session since joining the Supreme Court, Justice Sonia Sotomayor signaled today that she does not agree that corporations should be allowed a freer hand to spend money to influence elections.
The case, Citizens United v. Federal Election Commission, started as a non-profit corporation's challenge to restrictions in the 2002 McCain-Feingold campaign law to "electioneering conmunications" paid for out of corporate or union general treasury funds within 30 days before a primary or 60 days before a general election. Before Sotomayor joined the court, it broadened the case to consider whether to overturn two major campaign finance precedents.
Sotomayor sat quietly through almost a third of the session, before asking former Solicitor General Theodore B. Olson whether the plaintiff's side was "giving up on your earlier arguments" that the court could rule for the plaintiff without overturning the precedents.
Sotomayor said that a "difficulty" she had was that "we don't have any record developed below" on the question of voiding the precedents.
