Jumping the Gun on Citizens United

I’m at a break at the Hastings conference so I only have a few minutes here to blog. Following up on this post, the Supreme Court has issued an order in the Citizens United case raising the question whether the Court has jurisdiction to hear an appeal from what is not a final judgment. Lyle Denniston has a detailed analysis of the issue here.
Finding a lack of jurisdiction would allow the Court to dispose of the case without reaching the merits. And in any case the timing of the briefing order makes it appear quite unlikely that the case would be ordered heard this term. (The Court could have granted a hearing and postponed a ruling on jurisdiction, allowing the parties to brief this issue as part of their case).
As another knowledgeable observer expressed to me, by March Hillary Clinton may no longer be a candidate for office, which could have the effect of mooting the case.
One way or another, it appears the Court could resolve this appeal without reaching the merits.

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