Master Plan Podcast: Episode "Going Big" – Detailed Summary

Release Date: October 15, 2024

Introduction

In the "Going Big" episode of Master Plan, hosted by David Sirota, listeners delve into the intricate maneuvers that culminated in the landmark Supreme Court decision of Citizens United v. FEC. This episode, part of an 11-episode series, unpacks a 50-year strategy to dismantle campaign finance regulations in the United States, revealing how wealthy individuals and political ideologues coordinated efforts to allow corporations to exert unprecedented influence over elections and public policy.

1. The Architect: James Bopp (00:58 – 05:36)

The episode introduces James Bopp, a pivotal figure in the campaign finance deregulation movement. Contrary to expectations of meeting a high-profile lawyer in a metropolitan hub, Sirota encounters Bopp in his modest storefront law office in Terre Haute, Indiana—a town emblematic of Midwestern conservatism.

• Personal Background:

  • James Bopp (01:01) shares, “I'm third generation Bop in Terre Haute. I've stayed here because of the culture. You know, married, had three daughters. We wanted a relatively conservative cultural environment.”

• Conservative Foundations:

  • Bopp’s conservative ideology was shaped early, influenced by his father’s staunch anti-abortion stance. Before engaging deeply in campaign finance issues, Bopp was already fervently pro-life.

• Strategic Initiatives:

  • At the National Right to Life Committee, Bopp recognized the limitations imposed by existing campaign finance laws. He posited that overturning Roe v. Wade required not just social activism but also a strategic dismantling of financial regulations that hindered their political ambitions.

2. Crafting the Strategy: Campaign Finance and Supreme Court Dynamics (06:03 – 16:59)

Bopp’s approach was inspired unexpectedly by the Civil Rights Movement's legal strategies, particularly those employed by the NAACP under Thurgood Marshall.

• Legal Battles:

  • Bopp began filing numerous campaign finance cases, meticulously studying legal precedents and aligning his arguments to target Supreme Court justices’ ideologies and predispositions.

• Supreme Court Influence:

  • Recognizing Anthony Kennedy as a potential swing vote, Bopp leveraged his connections to ensure Kennedy’s appointment, believing he could be persuaded to support expansive interpretations of the First Amendment regarding corporate speech.

• Kennedy’s Appointment:

  • James Bopp (16:37) recounts, “They are in total control of the cases. They accept the issues they agree to decide and how they decide those issues.”
  • Kennedy’s confirmation (16:59) was unopposed, with Republicans like Senator Orrin Hatch praising Kennedy’s dual experience as an attorney and lobbyist, seeing it as advantageous for building consensus within the judiciary.

3. The Gambit: Citizens United Emerges (20:11 – 35:51)

The narrative progresses to the formation of the Citizens United case, originally centered around a controversial documentary titled "Hillary the Movie."

• Strategic Litigation:

  • In 2007, Bopp, collaborating with conservative activist David Bossie, initiated a lawsuit aimed at bypassing the McCain-Feingold campaign finance restrictions. The goal was to broadcast an anti-Hillary Clinton documentary without adhering to disclosure requirements.

• Legal Maneuvers:

  • Bopp sought a declaratory judgment to preemptively challenge campaign finance laws, effectively setting the stage for the Supreme Court to hear the case.

• Shift in Legal Leadership:

  • By 2008, Ted Olson replaced Bopp as the lead attorney, bringing expertise from the Federalist Society and a history of impactful Supreme Court advocacy, exemplified by his role in Bush v. Gore.

4. Supreme Court Showdown: The Citizens United Case (45:02 – 49:17)

The crux of the episode focuses on the Supreme Court's deliberations and the consequential ruling in Citizens United v. FEC.

• Majority Opinion:

  • Justice Anthony Kennedy authored the majority opinion, asserting that corporations possess First Amendment rights equivalent to individuals. He declared, “Political speech is indispensable to decision making in a democracy, and this is no less true because the speech comes from a corporation rather than an individual” (45:41).

• Justice Stevens’ Dissent:

  • Senator Sheldon Whitehouse highlights Justice Stevens' vehement dissent, dramatizing it as a "mic drop moment." Stevens argued that the ruling corrupted democratic processes by allowing disproportionate corporate influence, stating, “The Court has the point exactly backwards...insulate corporations from even modest restrictions on electioneering expenditures” (48:04).

• Immediate Impact:

  • Post-decision, there was a surge in the formation of 501(c)4 organizations and dark money groups poised to exploit the new legal landscape. Sheldon Whitehouse noted, “They are actually deliberately trying to open our political world to right wing political dark money” (52:56).

5. Aftermath and Continued Influence (50:18 – 58:57)

The episode examines the longer-term consequences of the ruling and ongoing efforts to maximize its effects.

• Legislative Response:

  • In response to the ruling, Senator Sheldon Whitehouse introduced the DISCLOSE Act, aiming to mandate transparency in political donations. However, Republicans, led by figures like Mitch McConnell, vehemently opposed these efforts, framing the act as a Democratic ploy to favor specific interest groups.

• Further Judicial Strategies:

  • Clarence Thomas’ concurrence in Citizens United suggested even more aggressive deregulation, advocating for the elimination of mandatory disclosure requirements. This underscored the strategic intent to push campaign finance deregulation to its extremities.

• Expansion of Dark Money:

  • Following the decision, political spending by non-disclosing groups skyrocketed, accounting for 47% of political expenditures by 2010. This influx of unregulated funds fundamentally altered the dynamics of U.S. elections, aligning with the series’ premise of a deliberate master plan to corrupt democracy.

Conclusion

"Going Big" meticulously traces the calculated efforts of James Bopp and his allies to reshape the American political landscape through strategic legal challenges and Supreme Court manipulation. The Citizens United decision stands as a testament to their success, fundamentally altering campaign finance laws and embedding dark money into the core of political processes. This episode underscores the profound and often concealed influences shaping U.S. democracy, aligning with the series' overarching narrative of a meticulously orchestrated plot to favor the wealthy and undermine public will.

Notable Quotes:

• James Bopp (01:01): “I'm third generation Bop in Terre Haute. I've stayed here because of the culture.”
• James Bopp (07:17): “See, I can't make the Supreme Court do anything.”
• Senator Sheldon Whitehouse (24:22): “The effect on the airwaves is the same.”
• Justice Kennedy (45:02): “Political speech is indispensable to decision making in a democracy...”
• Justice Stevens (48:04): “The Court has the point exactly backwards…”

Key Takeaways:

• Strategic Legal Engineering: The episode illuminates how legal strategies, inspired by historical civil rights tactics, were repurposed to dismantle campaign finance regulations.

• Supreme Court Manipulation: The appointment and strategic positioning of Supreme Court justices, particularly Anthony Kennedy, were crucial in achieving the series’ goals.

• Impact on Democracy: The Citizens United ruling facilitated an unprecedented inflow of corporate money into politics, raising concerns about the erosion of democratic principles and the rise of a corporate-dominated political system.

Listeners are encouraged to reflect on how these intricate legal and political maneuvers continue to influence the integrity of democratic institutions in the United States.