The Boston Review in its September/October edition features a special section, Democracy After Citizens United, in which scholars and commentators offer views on what effect the newly unrestricted independent poltical campaign spending of corporations will have. The thesis of the lead article by Lawrence Lessig is, "Most Americans believe that Congress is for sale, too corrupt to be trusted. The Supreme Court’s decision in Citizens United will intensify that mistrust."
Lessig actually has two articles in the special section, the second a response to the commenters on his first. In that response, he highlights the incoherence of the Court's majority when it comes to the safeguarding of political integrity.
My complaint is not that special interests participate [in political campaigns]. It is that members [of Congress] are dependent upon them. Not every system in which special interests participate creates improper dependency. As I point out in my [first] essay, the Supreme Court is littered with briefs from special interests arguing one side or another in important cases. In this sense, special interests participate in the proceedings of the Court, but no one credible would suggest that the Supreme Court is therefore dependent upon those interests rather than the law. Thus Congress, like the Court, has its own proper dependency. But while the Court has been keen to protect its own integrity [e.g., Caperton v. Massey (2009), which concerns a judge’s duty to recusal in cases of conflict of interest] it has been less generous to Congress (e.g., Citizens United).
In Caperton the majority held that the failure of a West Virginia Supreme Court justice to recuse himself from a particular case, in which the top executive of the defendant, the coal company A.T. Massey, had independently spent $3 million on behalf of that justice's re-election, presented a conflict of interest serious enough that it threatened the plaintiff's Constitutional Fourteenth Amendment right to due process.
But in Citizens United, the Court's majority asserted that the free speech rights of a corporation, Citizens United, outweigh the conflict of interest presented when a legislator owes his or her election to the unlimited independent political spending of one or more corporations.
In effect, the Court has told Congress "Heads I win, tails you lose," when it comes to the Court's role in ensuring that corporations are subordinate to our political institutions.