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"As long as Citizens United remains the law of the land, our democracy will remain broken," said one campaigner.
As President Donald Trump triumphantly returned to the White House thanks in part to a tsunami of campaign cash from oligarchs and corporate interests, democracy defenders on Tuesday marked the 15th anniversary of the U.S. Supreme Court ruling that unleashed such spending by urging action to overturn the decision.
In a nation where corporations and moneyed interests already wielded disproportionate power and influence over elections, Citizens United v. Federal Election Commissionreversed campaign finance restrictions dating back to the era of Gilded Age robber barons. The ruling affirmed that political spending by corporations, nonprofit organizations, labor unions, and other groups is a form of free speech protected by the 1st Amendment that government cannot restrict. The decision ushered in the era of super PACs—which can raise unlimited amounts of money to spend on campaigns—and secret spending on elections with so-called "dark money."
In his Citizens Uniteddissent, Justice John Paul Stevens asserted that "in a functioning democracy the public must have faith that its representatives owe their positions to the people, not to the corporations with the deepest pockets," and warned that the ruling "will undoubtedly cripple the ability of ordinary citizens, Congress, and the states to adopt even limited measures to protect against corporate domination of the electoral process."
"Over the last 15 years, the American people have watched with disgust as both parties welcomed the unfettered sale of our democracy and elections to the highest bidders."
Since then, nearly $20 billion has been spent on U.S. presidential elections and more than $53 billion on congressional races, according to data compiled by OpenSecrets. Spending on 2024 congressional races was double 2010 levels, while presidential campaign contributions were more than 50% higher in 2024 than in 2008, the last election before Citizens United.
Ultrawealthy megadonors played a critical role in Trump's 2024 victory. Some of them have been rewarded with Cabinet nominations and key appointments in "an administration dominated by billionaires and corporate interests," as Americans for Tax Fairness executive director David Kass described it.
"Fifteen years ago today, the Supreme Court gave billionaires and special interests unprecedented power to rig our democracy with its disastrous Citizens United decision. Yesterday, Donald Trump was sworn in, ushering in the wealthiest administration in American history," Tiffany Muller, president of the advocacy group End Citizens United, said on social media Tuesday. "Citizens United paved the way for Trump II."
Alexandra Rojas, executive director of the progressive political action committee Justice Democrats, said in a statement that "over the last 15 years, the American people have watched with disgust as both parties welcomed the unfettered sale of our democracy and elections to the highest bidders."
"Citizens United legalized economic inequality as a political tool for the wealthy to exploit," Rojas added. "A decade-and-a-half later, working-class people cannot afford to run for office and everyday voters' voices are drowned out by billionaire-funded super PACs. As long as Citizens United remains the law of the land, our democracy will remain broken."
Justice Democrats noted: "Yesterday, Donald Trump was inaugurated as president in what was maybe one of the most openly corporate-sponsored inaugurations in American history. In just one row seated in front of Trump's Cabinet members, four men had the combined wealth of just under $1 trillion."
"Billionaires and corporations are paying their way to gain influence in the Trump administration and they can expect a massive return on their investment, at the expense of everyday people," the group added.
It's no surprise, say critics, that corporate profits and plutocrat wealth have soared to new heights during the Citizens United era.
"Citizens United allowed corporations to buy candidates and elections. Citizens United legalized political bribery. Citizens United let wealth dominate our elections," the consumer watchdog Public Citizen said Tuesday. "Overturn Citizens United."
Positing that "Citizens United turned our democracy into an auction," Congressman Mark Pocan (D-Wis.) wrote on social media Tuesday that "our government is supposed to be of the people, by the people, and for the people—not corporations and billionaire elites. We must #EndCitizensUnited and put the American people back in charge."
Democratic lawmakers have introduced numerous bills, including proposed constitutional amendments, to reverse Citizens United. While Congress has not been able or willing to address the issue, 22 states and the District of Columbia, as well as more than 800 local governments across the country, have passed measures calling for a constitutional amendment to overturn the ruling, according to Public Citizen.
"This is a moment to
usher in a new era in the Democratic Party that rejects the growing oligarchy in this country by rejecting the unprecedented level of billionaire and corporate spending that has a stranglehold over both parties," Justice Democrats said on Tuesday. "Now is the moment to tirelessly center working people and expose the big money corruption that Citizens United has brought onto both parties. By rejecting their influence, working-class people may finally have the promise of a party that actually serves them."
"Americans can see through the court's failed attempt at a code of conduct," said one group. "It's time for Congress to take action and pass actual ethics reform."
Nearly three-quarters of U.S. voters want federal lawmakers to pass a stricter ethics policy for the nation's Supreme Court, according to polling results released Tuesday by the progressive advocacy group Demand Justice.
The poll was conducted by YouGov after the Supreme Court announced last week that it had formally adopted a new code of conduct following months of outrage over reporting on relationships between right-wing justices and billionaires. YouGov explained to those surveyed that justices have been criticized for failing to disclose taking gifts and travel from political donors.
YouGov also told voters that supporters of a stricter ethics code say the newly adopted policy "has no way to actually enforce the rules" and believe "Congress should continue to investigate corruption allegations," while opponents of congressional action believe members of the court should be "allowed to determine their own rules without interference" and trusted to enforce them.
Across party lines, 74% of voters agreed that Congress should approve a stricter ethics code and continue to probe "the ties between justices and political megadonors," including 90% of Democrats, 70% of Independents, and 57% of Republicans.
In response to the findings, End Citizens United said that "Americans can see through the court's failed attempt at a code of conduct. It's time for Congress to take action and pass actual ethics reform."
As Common Dreams reported when the new code was announced last week, critics have condemned it as a "toothless PR stunt" intended to curb media coverage of potential corruption and "halt momentum for transparency and real reform."
Amid a wave of reporting about Justices Clarence Thomas and Samuel Alito's connections to billionaire megadonors and Leonard Leo—who leads the Federalist Society, a primary force in pushing U.S. courts to the right—Democrats on the Senate Judiciary Committee passed the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act in July.
However, the bill is unlikely to win approval from the full Senate or GOP-controlled House of Representatives. Still, the Senate panel—chaired by Sen. Dick Durbin (D-Ill.)—is expected to continue its probe, possibly with subpoenas targeting Leo and Thomas benefactor Harlan Crow.
Demand Justice was among over a dozen groups that last week called on the committee to issue subpoenas, arguing that "we must learn the full scope of these hidden efforts to improperly influence the Supreme Court and the extent of Justices Thomas' and Alito's ethical wrongdoings."
"Billionaires spending a billion dollars on a shopping spree for democracy should wake us all up to the threat posed by nearly unlimited wealth applied without limits to our elections," said the head of Americans for Tax Fairness.
Americans for Tax Fairness on Monday released the group's latest report on "the threat posed to American democracy by billionaire political spenders," revealing that last year their collective congressional campaign contributions topped $1 billion for the first time.
"That 'Billionaires' Billion' was almost three-quarters more than the tycoons' total spending on the last midterms, in 2018, and 300 times more than what billionaires spent on congressional races as recently as a dozen years ago," states the ATF report.
"The Billionaires' Billion—contributed by fewer than 500 individuals—represented about one of every nine dollars raised from all sources in the 2022 elections," the analysis continues, noting that 15 of the nation's richest households were responsible for $658 million, or nearly two-thirds, of the contributions.
"Nearly 80% of billionaire cash—$782 million—went to outside campaign groups," the document adds, and in eight key races that decided which party controlled the Senate, "billionaire donations supported Republican candidates over Democratic ones by almost a 5-1 margin."
\u201cIn the three states where billionaire support was overwhelmingly on the Republican side, the Republican won the Senate race.\n\nIn North Carolina, Ohio and Wisconsin, Republican billionaires outspent the much smaller pool of Democratic billionaires by at least 9-to-1 in each race.\u201d— Americans For Tax Fairness (@Americans For Tax Fairness) 1684157314
Democrats initially secured a slim majority in the Senate—including the two Independents who caucus with the party—after Sen. Raphael Warnock (D-Ga.) won a runoff against GOP challenger Herschel Walker in December, but that victory was quickly tempered when Democratic Sen. Kyrsten Sinema of Arizona became an Independent just days later.
Although Republicans lost five of the eight key Senate races, the ATF report explains, not only did billionaire spending encourage candidates to focus on positions favored by their wealthy benefactors, but also, in North Carolina, Ohio, and Wisconsin—won by GOP Sens. Ted Budd, J.D. Vance, and Ron Johnson, respectively—the superrich overwhelmingly backed the party and "Republican billionaires outspent the much smaller pool of Democratic billionaires by at least 9-to-1 in each race."
The GOP did seize control of the House of Representatives in last year's midterms—enabling their efforts to quash recent legislative victories and priorities of congressional Democrats and President Joe Biden, including the ongoing battle over whether to raise the debt ceiling to avert the first-ever U.S. default, which economists warn would be catastrophic for the global economy.
The current makeup of Congress makes it exceptionally difficult to pass any legislation—including campaign finance reforms that critics of billionaires' influence on the American political system have increasingly demanded since the U.S. Supreme Court's 2010 Citizens United v. Federal Election Commission ruling, which loosened restrictions on political spending.
\u201cWhen corporations and billionaires can buy elections, the voices of ordinary Americans are drowned out. We need to end Citizens United and restore balance to our democracy.\u201d— End Citizens United (@End Citizens United) 1684165959
"Billionaires spending a billion dollars on a shopping spree for democracy should wake us all up to the threat posed by nearly unlimited wealth applied without limits to our elections," ATF executive director David Kass declared Monday. "There are well-known solutions to the problem, including overturning Citizens United and effectively taxing the biggest sources of billionaire wealth, which now often go lightly taxed if at all."
"Those tax reforms include taxing wealth like work by equalizing the top tax rate on investment and wage income, and closing the stepped-up basis loophole that allows investment gains to go untaxed forever," Kass added. "All that's needed is for Congress to heed the call of the American people to unrig a corrupt system."
In March, Biden unveiled a budget blueprint—which included various tax reforms—that then-ATF executive director Frank Clemente said "plainly shows whose side he's on: working families struggling with the high cost of healthcare, childcare, housing and more—not the wealthy elite and their big corporations rolling in dough and dodging their fair share of taxes."
However, the GOP continues to make clear that the party only plans to serve the rich with tax breaks, not force them to pay more. Citing three unnamed sources, The Washington Postreported Monday that "the White House recently gave Republican congressional leadership a list of proposals to reduce the deficit by closing tax loopholes during the ongoing negotiations over the federal budget and the debt ceiling. But Republican negotiators rejected every item."
\u201cBREAKING: Republicans have rejected a proposal to lower the debt by closing tax loopholes for the rich.\n\nRepublicans created this debt crisis with their tax cuts for the wealthy. Democrats can not cave to their demands that the rest of us pay for it.\nhttps://t.co/yH6ZzfK4Rq\u201d— Americans For Tax Fairness (@Americans For Tax Fairness) 1684183330
"On a phone call last week, senior White House officials floated about a dozen tax plans to reduce the deficit as part of a broader budget agreement with House Republicans, including a measure aimed at cryptocurrency transactions and another for large real estate investors," according to the Post. "They were all swiftly rejected by the GOP aides on the call."