HUFFPOST FUNDRACE -- Former Justice David Souter Almost Dropped The Mic, Flipped The Bird On His Way Out

By Paul Blumenthal

The New Yorker's Jeffrey Toobin has an extended and important look at the Supreme Court's hearing of the 2010 case Citizens United v. Federal Election Commission. One of the most important parts: "As the senior Justice in the minority, John Paul Stevens assigned the main dissent to Souter, who was working on the opinion when he announced his departure, on April 30th. Souter wrote a dissent that aired some of the Court's dirty laundry. By definition, dissents challenge the legal conclusions of the majority, but Souter accused the Chief Justice of violating the Court's own procedures to engineer the result he wanted. Roberts didn't mind spirited disagreement on the merits of any case, but Souter's attack—an extraordinary, bridge-burning farewell to the Court—could damage the Court's credibility. So the Chief came up with a strategically ingenious maneuver. He would agree to withdraw Kennedy's draft majority opinion and put Citizens United down for reargument, in the fall. For the second argument, the Court would write new Questions Presented, which frame a case before argument, and there would be no doubt about the stakes of the case. The proposal put the liberals in a box. They could no longer complain about being sandbagged, because the new Questions Presented would be unmistakably clear. But, as Roberts knew, the conservatives would go into the second argument already having five votes for the result they wanted. With no other choice (and no real hope of ever winning the case), the liberals agreed to the reargument. On June 29, 2009, the last day of the term, the Court shocked the litigants—and the political world—by announcing, 'The case is restored to the calendar for reargument.'"

Read the whole thing here.

A one-man super PAC out of Florida is spending money attacking Barack Obama in Ohio and Pennsylvania, writes Bloomberg.

The Chamber of Commerce is launching a targeted YouTube ad campaign, says Roll Call.

The billionaire Joe Ricketts is using his super PAC to target the Republican Senate primary in Nebraska in support of Deb Fischer and in opposition to Jon Bruning.

The Federal Election Commission is telling Congress to ban the use of PAC funds for what most would consider personal uses.

Gay donors have forged themselves into a political powerhouse, according to the Los Angeles Times.

The Karl Rove-linked American Crossroads is teaming up with two other Republican groups to launch a youth-oriented super PAC, Crossroads Generation.

A study from the Campaign Finance Institute and the Brennan Center finds that public financing increases the diversity of participation.

The Campaign Legal Center's Meredith McGehee writes that Sen. Lamar Alexander's proposal to allow unlimited campaign contributions to candidates would simply "throw gas on the fire."

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Committee: American Future Fund
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Committee: U.S. Chamber of Commerce
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Committee: Conservative Renewal PAC
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TRACKING INDEPENDENT SPENDING IN THE PRESIDENTIAL RACE:

These numbers represent spending by independent groups, like super PACs and non-profits, to support or oppose a particular candidate for the presidency in 2012. Fundrace will update this spending daily to help show which candidates are gaining from the proliferation of independent groups in this coming election.

Newt Gingrich (R), $13,017,772 to support, $18,885,161 to oppose.
Rick Santorum (R), $7,548,235 to support, $20,923,379 to oppose.
Mitt Romney (R), $7,327,516 to support, $8,743,763 to oppose. (Support: +$1,965,688; Oppose: +$67,010)
Rick Perry (R), $4,167,697 to support, $1,404 to oppose.
Ron Paul (R), $3,748,218 to support, $214,158 to oppose.
Jon Huntsman (R), $2,453,204 to support, $0 to oppose.
Barack Obama (D), $455,569 to support, $1,241,547 to oppose. (+$20,591)
Herman Cain (R), $501,717 to support, $954 to oppose.
Gary Johnson (R), $518 to support, $0 to oppose.

RECENT INDEPENDENT EXPENDITURES

Texas Conservatives Fund, $1,013,334 to oppose Ted Cruz for Senate in Texas.
Ending Spending Fund, $6,500 to support Deb Fischer for Senate in Nebraska.
Conservative Renewal PAC, $113,000 to support David Dewhurst for Senate in Texas.
DGA Action, $15,000 to oppose Mitt Romney for President.
Senate Conservatives Fund, $25,247 to support Don Stenberg for Senate in Nebraska.
Ending Spending Fund, $124,181 to oppose Jon Bruning for Senate in Nebraska.
Ending Spending Fund, $124,181 to support Deb Fischer for Senate in Nebraska.
FreedomWorks for America, $7,000 to support Dan Llijenquist for Senate in Utah.
FreedomWorks for America, $9,501 to oppose Orrin Hatch for Senate in Utah.
Campaign for Primary Accountability, $10,000 to oppose Ralph Hall for Congress in Texas' 4th District.
Restore Our Future, $1,965,688 to support Mitt Romney for President.
Majority PAC, $300,700 to oppose Josh Mandel for Senate in Ohio.
House Majority PAC, $21,931 to oppose Linda Parks for Congress in California's 26th District.
House Majority PAC, $141,285 to support Julia Brownley for Congress in California's 26th District.
House Majority PAC, $126,282 to oppose Jesse Kelly for Congress in Arizona's 8th District.
Restore Our Future, $20,591 to oppose Barack Obama for President.
Club for Growth Action, $868,484 to oppose David Dewhurst for Senate in Texas.
MoveOn.org Political Action, $52,010 to oppose Mitt Romney for President.
FreedomWorks for America, $15,541 to support Richard Mourdock for Senate in Indiana.
FreedomWorks for America, $1,211 to support Ted Cruz for Senate in Texas.
Trust in Small Business PAC, $19,670 to support Jon Bruning for Senate in Nebraska.
Conservatives Acting Together PAC, $98,170 to support Michael Williams for Congress in Texas' 25th District.

RECENT POLITICAL ACTION COMMITTEE REGISTRATIONS

NONE.

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