As I've pointed out before, Sandra Day O'Connor, because she has no actual judicial philosophy and thus rules based on whatever her mood happens to be today, is the de facto Queen of America. As the swing vote on a closely divided court, Mrs. O'Connor's hormones on any given day determine the Law of the Land.
Today, the SCOTUS upheld key parts of the McCain-Feingold campaign finance act, with O'Connor again acting as our monarch-in-chief:
Justices John Paul Stevens, Sandra Day O'Connor, David Souter, Ruth Bader Ginsburg and Stephen Breyer signed the main opinion barring candidates for federal office, including incumbent members of Congress or an incumbent president, from raising soft money.Just to recap, if you are a corporation, you can have your CEO stand out in front of the company headquarters in Times Square and set an American flag on fire (which is, of course, protected free speech according to the Courts), but you can't send any amount of money you like to a political candidate.
I would attempt to look for any semblence of legal reasoning to justify this dichotomy, but having read numerous opinions from O'Connor & Company at this point, I know there would be none.
As you'll recall, the Bush administration winked at us when GWB signed the bill into law, basically saying "ah, don't worry about it. We have to sign it, but it'll never pass muster with the Supreme Court." What a load that was. Oh yeah, you can always count on those geniuses on the Supreme Court to do the right thing when you're too gutless to do it...