“The Big Campaign Finance Story of 2011: An Effective End to Public Financing”

I have just written this post for Summary Judgments, the new Loyola Law School Los Angeles faculty blog. The post begins:

    It is with great pleasure that I kick off the “11 on ’11” series at Summary Judgments, the new Loyola Law School, Los Angeles faculty blog. The series asks us to identify what is likely to be the most significant legal development in our field in 2011. In the field of campaign finance, the big story is likely to be the continued demise in public financing of campaigns, a development caused by both court rulings and legislative inertia.
    As early as tomorrow morning, I expect the United States Supreme Court to agree to hear McComish v. Bennett, a case challenging the matching funds provision of Arizona’s public financing law. Under the law, a candidate for state office who agrees to take public financing in lieu of private funds to finance a campaign receives extra public financing when the candidate faces a wealthy opponent who spends large sums in the election or by large independent expenditures against the candidate accepting public financing. As I explained in a June post at the Election Law Blog, I expect the Court to not only take this case, but to reverse the Ninth Circuit and strike down the Arizona public financing system. (To be clear, that’s not a result I favor: the Ninth Circuit’s opinion in the case, and Judge Kleinfeld’s concurrence, offer strong reasons to reach a contrary decision in this case and uphold the Arizona regime.)

Visit the post to read the rest and to pick up the hyperlinks in the excerpt above.

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