Indifference to those on the losing side of these cases—losers whose interests are seen to be separate and severable from the public’s or the voters’—creates the conditions for the Court to do as a majority pleases with little or nothing to consider in the way of adverse or critical public reaction. So it was with the friendless parties in the Washington State case; so it will be with the opponents of millionaire candidates. The Millionaire’s Amendment case may make more of a splash than the Washington State case, having the visibility of a federal case and the McCain-Feingold story-line to help build the audience. The truth in both cases will be the same: the victims, those pleading injury, have the smallest of followings, and there will be few to shed a tear for their troubles.Of course, is that also true of many Supreme Court cases--the public generally doesn't care.
So that begs the question, does Bauer thing they should care?