SCOTUSBlog reports on the decision of the attorney general not to file a cert. petition in the Emily’s List case. AG Holder’s letter to House Speaker Pelosi notes that similar issues are before the D.C. Circuit en banc in the SpeechNow case, which could potentially overrule some aspects of Emily’s List.
Was this the right call? I think so. As I’ve written, “The Supreme Court is the last place you want to be right now if you are trying to get progressive election law upheld.” Better to roll the dice with the D.C. Circuit.