June 25, 2009

No Citizens United Today

The Court has released 4 opinions today, leaving only Citizens United, Ricci (the much-watched New Haven firefighters' case), and the Cuomo case to be decided.

Though the delay may simply be because one Justice is not ready with a concurring or dissenting opinion, it could be that bigger things are in store for the case, most provocatively an overruling of Austin v. Michigan Chamber of Commerce, the case upholding corporate spending limits in candidate elections. For my preview of the case, written before oral argument, see here. My post-argument thoughts are here.

It is expected that further rulings (I would think all three, but there's no telling for sure) will be released Monday.

Posted by Rick Hasen at June 25, 2009 07:27 AM