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Supreme Court lets stand a ban on corporate contributions to candidates

Supreme Court lets stand a ban on corporate contributions to candidates
Drew Angerer / Getty Photos

The Supreme Court has turned down an opportunity to permit businesses to donate directly to candidates, deviating from a stretch of decisions expanding the "money is free speech" rights of corporate America.

As is routine, the justices made no statement Monday explaining why they decided against hearing the appeal of two family-owned businesses in Massachusetts that challenged the state's prohibition on for-profit companies making campaign donations.


They asked the court to reverse its 2003 decision allowing limits on corporate contributions to candidates, which would have been a significant expansion of the deregulation of campaign financing set in the Citizens United decision nine years ago. That landmark ruling declared that corporations have a First Amendment right to spend unlimited amounts on elections so long as money is allocated independently from the candidates.

The two suburban Boston companies, a chain of auto parts stores and a self-storage outfit, were represented by the libertarian Goldwater Institute. They argued the state ban on donations from for-profit corporations to candidates and political committees violated the First Amendment free-speech rights of businesses and the Constitution's guarantee of equal protection under the law, because the restrictions on businesses' political activity are more stringent than for nonprofit corporations and unions.

All federal candidates are barred from accepting donations directly from corporations, and 22 states also ban corporate contributions to candidates, according to the National Conference of State Legislatures.


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How My Benzodiazepine Experience Impacted the Trust I Have in the Healthcare System
a doctor showing a patient something on the tablet
Photo by Nappy on Unsplash

How My Benzodiazepine Experience Impacted the Trust I Have in the Healthcare System

During my junior year of high school, I was prescribed my first benzodiazepine, called lorazepam, at 16 years of age. At the time, my parents and I did not understand the potential consequences of long-term use of benzos. Like so many other patients out there, we trusted that the healthcare system would not only provide treatment and correct guidance to move forward with my prescriptions, but I never realized they would be the force that would ruin my future and so many dreams I had for my young adulthood.

What followed was a years-long struggle with severe medication dependence and withdrawal that fundamentally changed my life for the worse.

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Constitution of the United State with the U.S. flag in the background.

The Framers designed a republic with the intention to manage factionalism through deliberate compromise and institutional guardrails, whereas 21st-century polarization often treats compromise as a moral failing.

Douglas Sacha, Getty Images

Our Framers on 21st Century Primaries and Polarization

The Framers would view 21st-century closed primaries and political polarization as the exact manifestation of "factionalism" they spent the 1787 Constitutional Convention trying to prevent. They would argue these systems force candidates to appeal to ideological extremes rather than the broad, moderate consensus required for stable governance.

The Danger of Factionalism: In Federalist No. 10, James Madison defined a "faction" as a group of citizens united by a passion or interest adverse to the rights of others. He argued that while factions are inevitable, their effects must be controlled. The Framers would recognize 21st-century hyper-polarization as the dominance of unyielding factions that prioritize absolute ideological purity over democratic compromise.

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Are State Courts More Protective of Transgender People than Federal Courts?

The U.S. Supreme Court ruled on Tuesday that state laws prohibiting trans women and girls from participating on female sports teams do not violate the Equal Protection Clause — the seventh Supreme Court ruling curbing the rights of trans people in just the past 14 months. Since May 2025, the Supreme Court has allowed the Trump administration to ban trans people from serving in the military, upheld a Tennessee law banning gender-affirming care for trans minors, given anti-LGBTQ+ parents a veto over LGBTQ+-inclusive content in their children’s classrooms, endorsed Trump’s policy requiring trans people to list their sex assigned at birth on their passports, reinstated an injunction against policies barring schools from outing trans students to their parents against students’ wishes, and determined that Colorado’s ban on anti-LGBTQ+ conversion therapy must be subjected to strict scrutiny, a form of judicial review that almost no law survives.

However, there may be some cause for optimism. In an article published in The Virginia Journal of Social Policy & the Law, I conducted a comprehensive survey of state court cases that impacted the rights and lives of trans people between 2022 and 2024. The survey showed state courts have an essential role to play in protecting trans people in an increasingly hostile political environment. Amongst some ominous signs for trans rights, there were important signals of hope in the survey.

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