If at First You Don’t Succeed Department

Back on October 13, I reported that Justice Breyer, as Circuit Justice for the First Circuit turned down a request for an emergency injunction filed to stop certain public financing aspects of the Maine public finance law. Though it is rarely done, if the Circuit Justice turns down an emergency request (without referring it to the whole Court) it is permissible to renew that request with another Justice. (I’ve never seen the renewal request work to get an injunction, but there may be examples where it has.) In any case, Jim Bopp has now filed this renewed application with Justice Kennedy. Justice Kennedy has asked for a response from the state of Maine.

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