Wow. I recall how during McConnell v. FEC Jim Bopp was pushed to the sidelines by others who were controlling the consolidated litigation. Since then, Bopp has had an amazing run in campaign finance cases before the newly-sympathetic Roberts Court.
So I was surprised when I received a copy of a letter Bopp sent to the Supreme Court (the letter is in a form too large for me to post) in the Citizens United Case. Here is an excerpt:
- The Court is hereby notified that James Bopp, Jr.. and his law firm, are withdrawing as counsel for Appellant, Citizens United, in this case…On November 25, 2008, Mr. Bopp was notified that Appellant had chosen Theodore B. Olson of Gibson, Dunn, & Crutcher, LLP, as counsel of record for the merits stage. On November 26, 2008, Mr Bopp [and his firm] advised Appellant that they would no longer serve as counsel for Appellant.
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.