Two notable statements in government’s brief.
1. “Although the government did not cite Beaumont, and regrets its omission, the defendants
have nevertheless previously conceded that the relevant Supreme Court precedents include
2. “The government continues to believe that 2 U.S.C. § 441b(a) is constitutionally valid
and that the reasoning of Citizens United does not suggest that the ban on direct corporate
contributions infringes the First Amendment. Because any consideration of that issue, however,
is for the Supreme Court alone and because this Court’s order requested briefing on the
applicability of Beaumont and Agostini rather than a reconsideration of the underlying First
Amendment merits, the government will not repeat those arguments here.”
Argument is Friday at 9 am. The court could rule from the bench and issue a written opinion later or the court could take it under submission and rule some time later. Given the extraordinary speed of the briefing schedule and the fact that the Court ordered reconsideration on its own motion, I expect we will hear something sooner rather than later.