Today in Supreme Court History: December 10, 2003

12/10/2003: McConnell v. Federal Election Commission decided.

Comments

[JoeFromtheBronx]

I don't think the headline at this link is suitable.

https://www.scotusblog.com/2025/12/originalisms-campaign-finance-conundrum

There is no big "conundrum" here. Originalism is selective. Someone flagged this recently when discussing modern free speech and Takings Clause jurisprudence.

The true determination is to apply all the usual means of constitutional interpretation and determine the appropriate result. And do so with insight.

For instance, not a simplistic view of "corruption," which was a major concern of the Founders and still should be our concern, applying modern-day understandings. One with various things, including modern-day political parties, was not known in 1791.

Or some idea that the 1A is absolute. Or talking about "censorship" when what is truly involved is the regulation of speech that is still allowed. And the true concern is to determine if it is too much.

For instance, Citizens United v. FEC upheld disclaimer and disclosure limits, which might bring with them civil and criminal sanctions in various cases. This can involve compelled speech.

[Krayt]

"In all my years of science education, I don't think we have yet figured out a way for men to breastfeed."

Shows her ignorance of science. Men don't just have nipples, but fully functioning breasts. All it takes is the correct hormone treatment and...

https://www.youtube.com/watch?v=FzJmB7QxMZk