Montana Supreme Court Bans Corporate Money in Campaigns, which "can give rise to corruption."

It looks like the conservative Montana Supreme Court would rather use facts, and its own history, as a way to decide that campaign money corrupts and should be banned. Which means, they're bucking Citizens United and the claim by the Robert's court that money doesn't have a corrupting influence. 

Huffington Post: The Montana Supreme Court has put itself on a collision course with the U.S. Supreme Court by upholding a century-old state law that bans corporate spending in state and local political campaigns.

The law, which was passed by Montana voters in 1912 to combat Gilded Age corporate control over much of Montana's government, states that a "corporation may not make ... an expenditure in connection with a candidate or a political party that supports or opposes a candidate or a political party." In 2010, the U.S. Supreme Court, in its landmark Citizens United v. Federal Election Commissiondecision, (held) that independent electoral spending by corporations "do not give rise to corruption or the appearance of corruption" that such laws were enacted to combat.

Montana, however, stood by its 1912 law, which led several corporations to challenge it as unconstitutional. By a 5-2 vote this past Friday, the Montana Supreme Court declined to recognize the common understanding that Citizens United bars all laws limiting independent electoral spending. Instead, Chief Justice Mike McGrath called on the history surrounding the state law to show that corporate money, even if not directly contributed to a campaign, can give rise to corruption.

McGrath's opinion in Western Tradition Partnership v. Attorney General harkens back to the turn of the 20th century, when Montana's "Copper Kings" -- the natural resource-rich state's version of the robber barons -- competed "for political and economic domination" so effectively that by the time the Montana voters banned corporate spending in a voter initiative, "the State of Montana and its government were operating under a mere shell of legal authority." One such Copper King, wrote Mark Twain in a quotation cited by McGrath, was "said to have bought legislatures and judges as other men buy food and raiment."

Paul S. Ryan, associate legal counsel at the Campaign Legal Center, characterized the Montana Supreme Court's reliance on factual findings culled from a century of state history, plus the trial testimony from contemporary politicians of both parties, as "an antidote to the crabbed view of corruption" adopted in Citizens United. 

But here's the interesting twist that might just catch the Robert's court flat footed:

To reverse the Montana Supreme Court, however, the justices would have to extract themselves from a quandary of their own making, noted professor Rick Hasen of the University of California-Irvine Law School on his popular Election Law Blog. "If the Court were being honest in Citizens United," Hasen wrote, "it would have said something like: We don't care whether or not independent spending can or cannot corrupt; the First Amendment trumps this risk of corruption."

But by "dress[ing] up its value judgment ... as a factual statement," continued Hasen, the U.S. Supreme Court must now explain why the Montana Supreme Court was not correct to consider the factual record when it came to justifying corporate spending limits in campaign finance laws.