Well that was a letdown. Justice Stevens offered several brief points to the Senate about campaign finance reform, the meaning of the First Amendment, and how his colleagues on the Court would treat his proposed constitutional amendment. And then, he left. No questions. With Senator Ted Cruz sitting right there.
The only new bit is that he sought to draw a connection between Bluman v. FEC, which held that resident aliens could not vote, to Japanese aliens in the United States raising money to defeat FDR during World War II, to Sean McCutcheon who supported candidates from outside his district. In other words, to Stevens, politicians can only receive contributions from their constituents who vote for them. That would exclude, of course corporations, but also individuals from other districts.
Here are a few things I tweeted.
Justice Stevens offering advisory opinions to Senate on meaning of 1st amendment #scotus pic.twitter.com/Y4s9gyjE8i
— Josh Blackman (@JoshMBlackman) April 30, 2014
Stevens – First Amendment is into only limited by concerns about “corruption.”
— Josh Blackman (@JoshMBlackman) April 30, 2014
Former #SCOTUS Justice J. Paul Stevens: “Rules should create a level playing field” & “regulate speech” to give opponents fair playing field
— Dave Levinthal (@davelevinthal) April 30, 2014
Stevens – politicians would be happier if they didn’t have to spend so much time raising money.
— Josh Blackman (@JoshMBlackman) April 30, 2014
Stevens would distinguish between constiuents and others (corporations)
— Josh Blackman (@JoshMBlackman) April 30, 2014
Stevens talking about Bluman v. FEC (Kavanaugh, J.) – ban on resident aliens – “Canadian freedom”
— Josh Blackman (@JoshMBlackman) April 30, 2014
Former #SCOTUS Justice Stevens says court’s logic of justifying campaign finance regs only to prevent corruption is “fundamentally flawed”
— Michael Beckel (@mjbeckel) April 30, 2014
Stevens – interest of protecting speech of voters is more important than protecting speech of non-voters #Bluman
— Josh Blackman (@JoshMBlackman) April 30, 2014
Wait, Justice Stevens just compared campaign $ from wartime enemies in US to someone in WI contributing to an MI election? #darkmoney
— Steve Klein (@SteveRKlein) April 30, 2014
Stevens – Campaign funds used to finance Watergate burglars
— Josh Blackman (@JoshMBlackman) April 30, 2014
Central error is Buckley v. Valeo that denies Congress power to impose limitations on campaign expenditures #SCOTUS
— Josh Blackman (@JoshMBlackman) April 30, 2014
Former #scotus Justice J.P. Stevens at #dollarsandsense hearing: “Money is not speech” pic.twitter.com/BnruFnWup3
— Dave Levinthal (@davelevinthal) April 30, 2014
Stevens – I did not arrive at Court to participate in Buckley, but I always thought Byron White got it right
— Josh Blackman (@JoshMBlackman) April 30, 2014
Shout-out to Skelley Wright – Buckley was “misguided.”
— Josh Blackman (@JoshMBlackman) April 30, 2014
Stevens proposes his Amendment to fix Buckley. @rickhasen #SCOTUS
— Josh Blackman (@JoshMBlackman) April 30, 2014
I have confidence my former colleagues would not use the word “reasonable” to limit campaign speech (I don’t think they care what you think)
— Josh Blackman (@JoshMBlackman) April 30, 2014
Sorry, folks, former Justice John Paul Stevens will not be taking questions today. He just left.
— John Gramlich (@johngramlich) April 30, 2014
WTF. Stevens is not taking questions. You gotta be kidding me
— Josh Blackman (@JoshMBlackman) April 30, 2014
NO QUESTIONS for Justice Stevens!? Talk about the rules of fair debate. He’s been excused.
— Rick Hasen (@rickhasen) April 30, 2014
And then, as a treat, Ted Cruz opened up about the First Amendment.
– it is a different position to be on this said of the dais. @tedcruz
— Josh Blackman (@JoshMBlackman) April 30, 2014
Of all of the Justices, Stevens often disagreed with my client. None had more dangerous questions. @tedcruz
— Josh Blackman (@JoshMBlackman) April 30, 2014
Rep @tedcruz on Stevens: “No Justice’s questions as insightful, as friendly, and as dangerous” in his time before #SCOTUS. #McCutcheon
— Medill on the Hill (@medillonthehill) April 30, 2014
@SenTedCruz recalls arguing at #SCOTUS: “No Justice had questions “more incisive, more friendly & frankly more dangerous than J. Stevens.”
— Jess Bravin (@JessBravin) April 30, 2014
Would you be willing to tell the @nytimes that you can only speak about 9 candidates, or only candidates in NY. @tedcruz
— Josh Blackman (@JoshMBlackman) April 30, 2014