Jim Bopp has been the attorney in the RNC v. FEC litigation. But NBC now reports that “if the RNC loses [before the three judge court], it will ask Olson to represent them in a Supreme Court challenge.”
Jim is not a friend of mine; indeed we are on the opposite sides of the San Diego/Thalheimer case right now. But here what I wrote when Bopp was replaced by Olson in the Citizens United case: “The Citizens United case was Bopp’s brain child, one of the suits he devised to push the Supreme Court’s jurisprudence in a further deregulatory direction. This is a curious choice for Citizens United. In any case, I wonder if the RNC will consider a similar move when that case moves up the food chain…Bopp and I are usually on opposite sides of cases. But before the Roberts Court I don’t see how deregulationists can do better than to be represented by Bopp.”