Cite as: 558 U. S. ____ (2010)
17
Opinion of STEVENS, J.
that the funding of Citizens United’s film can be regulated
under them. The only thing preventing the majority from
affirming the District Court, or adopting a narrower
ground that would retain Austin, is its disdain for Austin.
II
The final principle of judicial process that the majority
violates is the most transparent: stare decisis. I am not an
absolutist when it comes to stare decisis, in the campaign
finance area or in any other. No one is. But if this princi
ple is to do any meaningful work in supporting the rule of
law, it must at least demand a significant justification,
beyond the preferences of five Justices, for overturning
settled doctrine. “[A] decision to overrule should rest on
some special reason over and above the belief that a prior
case was wrongly decided.” Planned Parenthood of South
eastern Pa. v. Casey, 505 U. S. 833, 864 (1992). No such
justification exists in this case, and to the contrary there
are powerful prudential reasons to keep faith with our
precedents.17
The Court’s central argument for why stare decisis
ought to be trumped is that it does not like Austin. The
opinion “was not well reasoned,” our colleagues assert, and
it conflicts with First Amendment principles. Ante, at 47–
48. This, of course, is the Court’s merits argument, the
many defects in which we will soon consider. I am per
fectly willing to concede that if one of our precedents were
dead wrong in its reasoning or irreconcilable with the rest
of our doctrine, there would be a compelling basis for
revisiting it. But neither is true of Austin, as I explain at
length in Parts III and IV, infra, at 23–89, and restating a
merits argument with additional vigor does not give it
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17 I
will have more to say shortly about the merits—about why Austin
and McConnell are not doctrinal outliers, as the Court contends, and
why their logic is not only defensible but also compelling. For present
purposes, I limit the discussion to stare-decisis-specific considerations.