18
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
extra weight in the stare decisis calculus.
Perhaps in recognition of this point, the Court supple
ments its merits case with a smattering of assertions. The
Court proclaims that “Austin is undermined by experience
since its announcement.” Ante, at 48. This is a curious
claim to make in a case that lacks a developed record. The
majority has no empirical evidence with which to substan
tiate the claim; we just have its ipse dixit that the real
world has not been kind to Austin. Nor does the majority
bother to specify in what sense Austin has been “under
mined.” Instead it treats the reader to a string of non
sequiturs: “Our Nation’s speech dynamic is changing,”
ante, at 48; “[s]peakers have become adept at presenting
citizens with sound bites, talking points, and scripted
messages,” ibid.; “[c]orporations . . . do not have monolithic
views,” ibid. How any of these ruminations weakens the
force of stare decisis, escapes my comprehension.18
The majority also contends that the Government’s hesi
tation to rely on Austin’s antidistortion rationale “dimin
ishe[s]” “the principle of adhering to that precedent.”
Ante, at 48; see also ante, at 11 (opinion of ROBERTS, C. J.)
(Government’s litigating position is “most importan[t]”
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18 THE CHIEF JUSTICE suggests that Austin has been undermined by
subsequent dissenting opinions. Ante, at 9. Under this view, it appears
that the more times the Court stands by a precedent in the face of
requests to overrule it, the weaker that precedent becomes. THE CHIEF
JUSTICE further suggests that Austin “is uniquely destabilizing because
it threatens to subvert our Court’s decisions even outside” its particular
facts, as when we applied its reasoning in McConnell. Ante, at 9. Once
again, the theory seems to be that the more we utilize a precedent, the
more we call it into question. For those who believe Austin was cor
rectly decided—as the Federal Government and the States have long
believed, as the majority of Justices to have served on the Court since
Austin have believed, and as we continue to believe—there is nothing
“destabilizing” about the prospect of its continued application. It is
gutting campaign finance laws across the country, as the Court does
today, that will be destabilizing.