Hayward Research Cited in Supreme Court Decision
On January 21, the United States Supreme Court handed down its opinion in Citizens United v. FEC, citing Professor Allison Hayward, who had filed an amicus brief with the Court.
Hayward's work, cited favorably by the Court, reexamined the history of the corporate expenditure ban and demonstrated that it had been the focus of continued constitutional debate and uncertainty since its adoption in the 1940s.
Supporters of the law had argued that any constitutional arguments had been settled in past decisions. Hayward's research encouraged the Court to take a fresh look at the constitutional burdens imposed by federal law.
Associate Justice Anthony Kennedy, writing for the court in overturning the ban on corporate independent expenditures, did so with inclusion of the Hayward citation.