Last night I blogged about a Prop. 8-Citizens United connection.
I see that last night Orin Kerr blogged about a Prop. 8-Bush v. Gore connection.
And again, Ted Olson was involved, but that’s not the point of Orin’s post.
Someone suggested to me that maybe the Court cited Citizens United briefing in the Prop. 8 case to tweak Olson. I was wondering if it was something else: maybe the harassment points made by the Court were not made in the briefing in the Prop. 8 litigation (Justice Breyer in his dissent pointedly talks about how no witnesses were parties to the Prop. 8 suit arguing against televising the trial). So maybe the majority had to reach out to this briefing so they’d have something to cite beyond a New York Times article on the topic.
The Lowenstein, Hasen, and Tokaji election law casebook supplement beginning at page 64 discusses the Prop. 8 and Citizens United disclosure issues.