Today, sitting en banc, the Eighth Circuit decided Republican Party of Minnesota v. White, on remand from the Supreme Court. In its opinion, the Eighth Circuit struck down the “partisan activities clause” (see page 8 of the opinion) and the “solicitation clause” (see page 9). The dissent by Judge Gibson relied upon the McConnell case and Richard Briffault’s very interesting article on White in the recent Penn Law Review symposium in arguing for the upholding of these provisions.
Howard Bashman links to the earlier opinions in the case here.