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Profile: John Hudson
John Hudson was a participant or observer in the following events:
Writing for the Atlantic Wire, John Hudson notes the angry draft dissent penned by retiring Supreme Court Justice David Souter in the process of the Citizens United decision that accused Chief Justice John Roberts “of engineering the outcome of the” case, as revealed in a New Yorker article by Jeffrey Toobin (see May 14, 2012). Hudson says that while many people would be interested in Souter’s unpublished dissent, they will not be able to read it any time soon. Souter has donated all of his Court documents to the New Hampshire Historical Society, where they will remain closed for 50 years. Law professor Richard Hasen makes a similar observation on his Election Law Blog. He also notes that Toobin’s account verifies much of his previous speculation as to why the Court chose to re-argue the case rather than issue an opinion after the first set of arguments (see March 15, 2009, June 29, 2009, and September 9, 2009)—Roberts and the other conservatives wanted to establish a clear guideline in the arguments for overturning campaign finance law. Hasen writes, “Perhaps one day in my lifetime some justice’s papers (but not Justice Souter’s) will reveal Justice Souter’s draft dissent.” [Atlantic Wire, 5/14/2012; Rick Hasen, 5/14/2012] Two days later, Hasen writes a column urging Souter, or another justice such as the also-retired John Paul Stevens, to release Souter’s draft dissent, even as he concedes such an event is unlikely to happen. Hasen says that Souter’s dissent may cast light on the pending Supreme Court decision over the Montana Supreme Court’s decision to “thumb… its nose at Citizens United by holding that Montana could bar corporate money from elections, given the state’s history of corruption” (see April 30, 2012). Hasen says although it is all but certain the Court will reverse the Montana high court’s decision, “Justice Souter was one of the Court’s most passionate and articulate thinkers about campaign finance, and his dissent in Citizens United likely makes a top-notch argument for the constitutionality of corporate spending limits—an argument that’s directly relevant to the Montana case. Airing his dissent could help arguments against Citizens United we already have, in the published dissent of Justice Stevens, which is somewhat meandering and ineffective—not one of his best. Souter’s retirement is no reason for him to keep quiet.… Justice Souter cares deeply about campaign finance—why not make this his continuing cause?” Hasen continues: “The Souter opinion also might reveal just how far the conservative justices on the Supreme Court were willing to go to reach out and grab Citizens United. The Court is decidedly not a place in which justice-umpires simply call balls and strikes, and Souter could remind us of that in the run-up to June’s rulings on health care reform and Arizona’s immigration law. Better to have a clear understanding of how ideology plays into some of the Court’s decisions than to preserve an illusion of pure lawyerly analysis.” Hasen concludes that releasing the dissent “isn’t about airing the Court’s dirty laundry. It’s about telling the truth about how the Court handed down Citizens United and making the best argument for why it should be overturned—and that would be a real public service.” [Slate, 5/16/2012]
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