By Rick Hasen, William H. Hannon Distinguished Professor of Law, Loyola Law School - Los Angeles & Publisher, Election Law Blog
Last night, as word leaked out that the President was set to nominate Solicitor General Elena Kagan to the Supreme Court, I put up a post on my Election Law Blog noting that we know virtually nothing about SG Kagan's views on election law issues such as campaign financing, voting rights, redistricting issues, voter identification, and other important issues. I said, however, that just because the SG is likely to be generally liberal on issues related to election law (given that she was nominated by a Democratic president and served in two Democratic administrations), that did not necessarily translate into support for reasonable campaign finance regulation, such as the limits on corporate campaign spending in candidate elections, which the Supreme Court struck down in the recent Citizens United case.
I pointed to Dean Kathleen Sullivan as an example of a leading liberal constitutional law scholar who has written extensively against the constitutionality of campaign finance limits. (To that list, I might add my friend Bob Bauer, who is a staunch Democrat-and current White House counsel charged with shepherding the Kagan nomination through the Senate. He is a longstanding opponent of many campaign finance regulations.)