Franken Slams Citizens United During Kagan Hearing

Minn. Democrat Says Ruling Tore ‘Gaping Hole' in Electoral Law

by John Eggerton -- Multichannel News, 6/28/2010 5:57:05 PM

Washington -- Sen. Al Franken (D.-Minn.) used much of his opening statement in the confirmation hearing for Supreme Court nominee Elena Kagan Monday to take aim at the Citizens United ruling.

That was the Supreme Court decision last September that lifted the ban on direct corporate funding of campaign TV and radio spots.

Franken was taking aim in general at what he said was the judicial activism of the Supreme Court under Chief Justice John Roberts, echoing his theme during the hearings last year for Justice Sonia Sotomayor. But citing the Citizen's United decision, he said things have gotten worse since then.

Franken said the decision "tore a gaping hole in our election laws." And its impact was felt not just in terms of federal elections, but ones in Minnesota. He added that the decision also affects efforts to pass laws on seat belts, clean and water, and health care -- laws that might not have been enacted, he said, had big corporations like Standard Oil or GM been able to take direct aim at vulnerable legislators seeking re-election.

"It's about our ability to pass laws that protect the American people even if it hurts the corporate bottom line," said Franken. He has been a staunch populist since being he was installed last July, after winning election by a hair in a hand recount.

"I am more worried about how this decision is going to affect our communities -- and our ability to run those communities without a permission slip from big business," Franken said, likely telegraphing his line of questioning as a member of the Senate Judiciary Committee, which starts that questioning Tuesday (Monday was taken up by opening statements and introductions by both legislators and Kagan).

House and Senate Democrats are attempting to ameliorate the impact of the Supreme Court decision with a bill, the DISCLOSE Act, which boosts disclosure of corporate-backed ads (CEOs have to appear to take responsibility) and reimposes the ban on corporations with foreign ownership and government contractors.)

The House passed the DISCLOSE bill last week. Franken is a co-sponsor of the bill.