Kagan Contra Kagan?

The Center for Competitive Politics has sponsored an analysis by Allison Hayward of Elena Kagan’s writings on campaign finance regulation. It should be read widely, not least by the Senators trying to discern her fitness for the Court. Here’s a taste of Allison’s analysis:

In Kagan’s 1996 article, Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine, she “explicitly recognized that ‘campaign finance laws… easily can serve as incumbent-protection devices’ and when applied to certain speakers ‘the danger of illicit motive becomes even greater.’ It is impossible to square Kagan’s analysis in this article with her recent comments that the Supreme Court should have deferred to Congress in Citizens United.  Americans deserve to know which version of Kagan’s views will receive a lifetime platform on the bench of the Supreme Court.”