EMILY’s List is getting at lot of attention, especially given the FEC’s decision not to appeal the case en banc.
Some reformers have been urging the SG to take the case to the Supreme Court, because if EMILY’s List stands, it can have a lot of pernicious consequences, including the likely demise of the $5,000 contribution limit to independent expenditure committees.
But as this important BNA report notes ($), “Whether or not the EMILY’s List case is appealed, issues involving financing of independent groups now are set to be considered by the full D.C. Circuit through the SpeechNow.org lawsuit,” now set for argument in early January.
The best result for reformers would be the full D.C. Circuit affirming the constitutionality of the $5,000 contribution limit in the Speechnow.org case and the Supreme Court declining to hear the case. If the issue gets before the Supreme Court, it is likely the Court will strike down the limits. As I’ve repeatedly argued, the Supreme Court is the last place you want to be right now if you are trying to get progressive election law upheld.