There’s One Big Problem With Sanders’ Promise to Overturn Citizens United

Andrew Harnik/AP

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Whoa, if true! On Thursday, Bernie Sanders declared that the Supreme Court would overturn Citizens United if he is elected president.

Except that’s not how the Supreme Court works. Justices don’t get to pick which issues or cases come their way. Only after a case is appealed to the Supreme Court can the justices decide to hear the case. There is no way for Sanders’ Supreme Court picks to decide that overturning Citizens United, the 2010 campaign finance decision that fueled the rise of super-PACs, will be one of their first acts on the bench, even if they really, really want it to be.

Update: Sanders campaign spokeswoman Symone Sanders sent the following note explaining the tweet: “That tweet was worded oddly. The senator often speaks about appointing justices that believe in overturning citizens united and who would do so if the opportunity arose. That is what this was referring to.”

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It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

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Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

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