Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law
Without doubt, the Supreme Court's most prominent decision so far under the leadership of Chief Justice John Roberts has been Citizens United v. FEC. This 5-4 decision, striking down corporate campaign spending limits against a First Amendment challenge and overruling two earlier Supreme Court precedents, has been the subject not only of sustained academic commentary and editorial criticism but also of controversial criticism from President Obama in his 2010 State of the Union speech in the presence of a number of Supreme Court Justices.
Richard L. Hasen,
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol61/iss4/5