Lawyers for the Federal Election Commission and the Republican National Committee are arguing in court about whether a new RNC lawsuit challenging the ban on unlimited “soft money” contributions to political parties should be heard under expedited procedures, including convening a special, three-judge court (RNC v. FEC, D.D.C., No. 14-853, hearing 7/16/14).
The outcome of the procedural dispute could have a major impact on how fast the case gets resolved. If the case is heard by a three-judge court, that court’s ruling could immediately be appealed to the Supreme Court, giving the high court a chance to overturn the soft-money ban.
I’d go even further than Bloomberg’s reporter Ken Doyle. If this comes up from a three judge court, the Supreme Court will almost certainly take it, because a decision on an appeal IS a decision on the merits (unlike denial of a cert. petition in the usual course). That’s why this fight matters so much. (Here’s more on this inside baseball point about the difference between appeals and cert. denials.)
