A group of high-profile legal minds wants the Supreme Court to eliminate super-PACs, the advocacy groups that can raise and spend unlimited amounts of cash to praise and attack political candidates.
But instead of asking the court to overturn the 2010 Supreme Court case that lifted many restraints on political spending, Citizens United v. Federal Elections Commission, they plan to ask the justices to overturn a lower court decision that interpreted Citizens United to open the door to the super-PACs.
The strategy is worth pursuing. If President Barack Obama's nominee Merrick Garland or another Democratic choice is on the Supreme Court when the case reaches it, there could be five votes for the approach. It's even conceivable, just barely, that the author of Citizens United, Justice Anthony Kennedy, would join the vote.
If it fails, however, the approach could foreclose the best hope for reversing the effects of Citizens United. The question therefore is timing - and whether the effort is coming too soon.