22
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
preserve Austin. As for McConnell, the portions of BCRA
it upheld may be prolix, but all three branches of Govern
ment have worked to make §203 as user-friendly as possi
ble. For instance, Congress established a special mecha
nism for expedited review of constitutional challenges, see
note following 2 U. S. C. §437h; the FEC has established a
standardized process, with clearly defined safe harbors,
for corporations to claim that a particular electioneering
communication is permissible under WRTL, see 11 CFR
§114.15 (2009);27 and, as noted above, THE CHIEF JUSTICE
crafted his controlling opinion in WRTL with the express
goal of maximizing clarity and administrability, 551 U. S.,
at 469–470, 473–474. The case for stare decisis may be
bolstered, we have said, when subsequent rulings “have
reduced the impact” of a precedent “while reaffirming the
decision’s core ruling.” Dickerson v. United States, 530
U. S. 428, 443 (2000).28
In the end, the Court’s rejection of Austin and McCon
——————
27 The
FEC established this process following the Court’s June 2007
decision in that case, 551 U. S. 449. In the brief interval between the
establishment of this process and the 2008 election, corporations and
unions used it to make $108.5 million in electioneering communications.
Supp. Brief for Appellee 22–23; FEC, Electioneering Communication
Summary, online at http://fec.gov/finance/disclosure/ECSummary.shtml
(all Internet materials as visited Jan. 18, 2010, and available in Clerk
of Court’s case file).
28 Concedely, Austin and McConnell were constitutional decisions,
and we have often said that “claims of stare decisis are at the weakest
in that field, where our mistakes cannot be corrected by Congress.”
Vieth v. Jubelirer, 541 U. S. 267, 305 (2004) (plurality opinion). As a
general matter, this principle is a sound one. But the principle only
takes on real force when an earlier ruling has obstructed the normal
democratic process; it is the fear of making “mistakes [that] cannot be
corrected by Congress,” ibid., that motivates us to review constitutional
precedents with a more critical eye. Austin and McConnell did not
obstruct state or congressional legislative power in any way. Although
it is unclear how high a bar today’s decision will pose to future at
tempts to regulate corporate electioneering, it will clearly restrain
much legislative action.