8
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
ROBERTS, C. J., concurring
reasoning has become so discredited that the Court cannot
keep the precedent alive without jury-rigging new and
different justifications to shore up the original mistake.
See, e.g., Pearson v. Callahan, 555 U. S. ___, ___ (2009)
(slip op., at 10); Montejo v. Louisiana, 556 U. S. ___, ___
(2009) (slip op., at 13) (stare decisis does not control when
adherence to the prior decision requires “fundamentally
revising its theoretical basis”).
B
These considerations weigh against retaining our deci
sion in Austin. First, as the majority explains, that deci
sion was an “aberration” insofar as it departed from the
robust protections we had granted political speech in our
earlier cases. Ante, at 39; see also Buckley, supra; First
Nat. Bank of Boston v. Bellotti, 435 U. S. 765 (1978).
Austin undermined the careful line that Buckley drew to
distinguish limits on contributions to candidates from
limits on independent expenditures on speech. Buckley
rejected the asserted government interest in regulating
independent expenditures, concluding that “restrict[ing]
the speech of some elements of our society in order to
enhance the relative voice of others is wholly foreign to the
First Amendment.” 424 U. S., at 48–49; see also Bellotti,
supra, at 790–791; Citizens Against Rent Con
trol/Coalition for Fair Housing v. Berkeley, 454 U. S. 290,
295 (1981). Austin, however, allowed the Government to
prohibit these same expenditures out of concern for “the
corrosive and distorting effects of immense aggregations of
wealth” in the marketplace of ideas. 494 U. S., at 660.
Austin’s reasoning was—and remains—inconsistent with
Buckley’s explicit repudiation of any government interest
in “equalizing the relative ability of individuals and
groups to influence the outcome of elections.” 424 U. S., at
48–49.
Austin was also inconsistent with Bellotti’s clear rejec