Supreme Court Declines to Hear Alabama Campaign Finance Case

Today without noted dissent the Supreme Court denied cert. in Alabama Democratic Conference v. Marshall, a First Amendment campaign finance challenge to Alabama law brought by Democrats (unusual these days). The cert petition (signed by Bob Bauer, Rick Pildes, John Tanner, Ed Still and others is here.)

My theory is that the Court gets more than enough campaign finance cases coming up on direct appeal from three judge court that it usually is disposed not to take on more that come up from cert. (Decisions not to hear a three-judge court appeal are decisions on the merits, while cert. denials are not.)

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