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David Bossie on Fox

NEIL CAVUTO: Alright well, after all this, the president makes his pick. People already picking a fight. President Obama today nominating Solicitor General Elena Kagan for the Supreme Court. She battled my next guest in a case that became quite famous about campaign finance reform. She lost. Now he says she gets in, workers will be the ones to lose. David Bossy is president of Citizens United. This essentially boiled down, David, in your case to being about companies or causes or groups being able to spend whatever they want in political campaigns - the gist of it, right?

DAVID BOSSIE: Well, it was a about free speech and it was a fundamental political speech. Really the most protected of all speech by our founding fathers. 225 years of law and she came out in oral arguments in our case before the Supreme Court and stated that books could be banned. And I am shocked by hearing that and I'm surprised that Barack Obama chose her.

CAVUTO: Nevertheless, as solicitor general you kind of have to do that stuff, right? I mean, you have to sort of, I don't know, argue the government's case for want of a simpler explanation. So --

BOSSIE: Well, that's right. The government is your client.

CAVUTO: When she argued her points, David, did she tip her hand on other points with you? Because in eight big decisions that have come to her office as solicitor general, the typical view was that seven were deemed anti-business. But besides that, what did you glean from her character? Because she obviously is not a judge and she has nothing else on which we can go on.

BOSSIE: Sure. And that is - look, this all about reading tea leaves, Neil, and you're right, we don't have a long record to go on. But my belief is that Barack Obama chose her because of her anti-big business, anti-corporate beliefs. She is somebody who has stood before the Supreme Court and argued against corporate America. Today, he indicated that this was a litmus test, the Citizens United case, which he named in the Rose Garden ceremony -

CAVUTO: That's right.

BOSSIE: . . . As a litmus test. So, I think it's very serious.

CAVUTO: Alright now, she's argued in the past [inaudible] that shareholders versus companies who say that they were burnt. She's also consistently defended unions and whatever their beefs are with corporations and that particularly tipped her hand to you. Explain.

BOSSIE: You know, she is somebody who, in our case - and in this current legislation, by the way, the Disclose Act that is currently there that will end up before the Supreme Court is all about banning the Chamber of Commerce. It's specifically written, in my opinion, to effect groups like the Chamber of Commerce and benefit unions. And that is really what this - the Disclose Act, this current legislation, brought forth by Chuck Schumer, Chris Van Hollen, and the White House is all about, is protecting unions and defeating those corporate interests; those evil corporations. By the way, which a vast majority of which are individuals. Those are the mom and pop grocery stores, the restaurants, the dry cleaners who are across America who should have the right to speak. This is not about IBM and Microsoft.

CAVUTO: Right. You know, if she were to become a Supreme Court justice, the argument is well, she just replaces another liberal. But - and that is from John Paul Stevens - but the difference here is that her meddle would be very quickly tested because a number of cases dealing with punitive damages and preemption of state law would come up. How do you think in cases like that she would rule?

BOSSIE: Well, you know, that's going to be very interesting to watch, Neil. And she's a - what Barack Obama said, and I think that this goes to a lot of her background. But it is a - she's a bridge builder; she's somebody who likes to build coalitions. That's what people are saying about her today. And what I believe will happen is that she'll be trying to go after one of those five or all of those five in the majority at least in the Citizens United opinion and try to sway just one of them. Because in a 5-4 court it really only takes one, swaying one vote to turn it the other way.

CAVUTO: That a very good point and she does have very good pervasive [sic] skills, we're told at Harvard. We'll see what happens.

BOSSIE: We haven't seen them yet, but we'll see.

CAVUTO: Not with you, but maybe. Thank you, David.

By Greg Sargent  |  May 10, 2010; 5:16 PM ET
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