Breaking: 2d Circuit Holds Super PACs Can Play in NYC Mayoral Election

You can find the order here.

As I’ve explained, the federal district court had refused a preliminary injunction for a group that wanted to make unlimited contributions to an independent expenditure committee in the mayor’s race. It did not address likelihood of success on the merits, focusing instead only on the public interest in changing the rules just before the election.

The Second Circuit held that under SpeechNow and other cases, the plaintiffs were very likely to succeed, and that there the public interest was served by having greater First Amendment rights before the election.

Will this go en banc or to the Supreme Court?

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