Wow. Jeffrey Toobin: How Chief Justice John Roberts orchestrated the Citizens United decision.

[BzaDem]

13. Kennedy has always been one of justices most opposed to campaign finance regulation.

Citizens United overruled two cases: one in 1990, and one in 2003. Kennedy was on the court in both cases, and he dissented in both. He also at other times (before Citizens United) called for their overruling, and in other cases said that he believes even direct candidate contribution limits are unconstitutional. He is about as absolutist on this issue as one can be (save Justice Thomas), and has always been.

So Kennedy's vote here was not very surprising (based on his past opinions); I would have been shocked if he didn't vote the way he did. The vote to uphold unlimited corporate spending was preordained as soon as Alito was sworn in; the only question was of when this would happen.

But the actions Kennedy and Roberts took (to turn this run-of-the-mill case into a gigantic Constitutional showdown) are very surprising. The new information Toobin reveals in this article makes is more surprising still.