James Bopp Jr., the lead lawyer for the plaintiffs who sued the Federal Election Commission, said Monday that “we just believe they’re wrong, and we’re certainly appealing to the Supreme Court.”
Once an appeal is filed, Bopp said he would expect a case to reach the high court by February for consideration next year or in 2018.
So the issue is perfectly teed up through appeal to the Supreme Court. But…
No more Justice Scalia means that Court is likely evenly divided at best on the question. So little prospect now the ban would be overturned.
If we get a ninth Justice things could change. A Clinton-appointed Justice would almost certainly vote to uphold the limits, while a Trump-appointed Justice would almost certainly vote to strike them down.