FEC Commissioner Ellen Weintraub thinks she has discovered the antidote to Citizens United–the foreign money ban. While CU opened the doors to unlimited independent spending by corporations, the prohibition against spending foreign money in U.S. elections remains in tact–and, unlike the corporate prohibition, it applies to all U.S. elections, not just federal ones. Commissioner Weintraub would have the FEC use the foreign money ban to police corporate-funded independent expenditure spending, searching for even a dollar’s worth of foreign capital in the company’s treasury. Her proposal was wildly cheered in the progressive reform echo chamber on Twitter, but thoughtful takes from the left and the right have cast doubt on its constitutionality and viability.
+ Taking on Citizens United | The New York Times – Ellen Weintraub
+ No, Commissioner Weintraub, the FEC can’t circumvent Citizens United | The Huffington Post – Allen Dickerson
+ One FEC Commissioner’s answer to Citizens United | More Soft Money Hard Law – Robert Bauer
+ Foreign money is flowing into U.S. elections, Alito’s lying lips notwithstanding | The Intercept – Jon Schwartz