Barring breaking legal developments (and we’ve seen an inordinate share of those in the last two weeks), posting will resume after New Year’s Day (and will be light the first week of January as I speak
at AALS on Internet… Continue reading
The opinion is here
[updated link]. See also this Thomson Reuters report
. Among other things, the opinion
(1) confirms that lower level scrutiny applies to laws regulating contributions even after Citizens United (“Since the Supreme Court preserved the distinction… Continue reading
Dick Semerdjian and I (representing the City of San Diego in the Thalheimer litigation) have written this letter to the editor
of the San Diego Union-Tribune.
The case is currently subject to cross-motions for summary judgment in federal district court.
Good news in Preston v. Leake
from the 4th Circuit, in a case which puts it at odds with the Second Circuit’s Green Party case. (I discuss the Green Party case and the district court’s decision in Preston in my… Continue reading
Read the complaint here
. (Some aspects are similar to the suit filed in the Thalheimer case, in which Bopp is on one side and I am one of the lawyers representing the City of San Diego on the other.)… Continue reading
The following press release arrived from the James Madison Center via email.
Coalition Files Lawsuit Challenging Montana’s Campaign Finance Law
Montana residents Doug Lair and Steve Dogiakos, and American Tradition Partnership PAC want to give a couple hundred dollars in… Continue reading
In Thalheimer v. City of San Diego, the Ninth Circuit upheld the trial court’s denial of a preliminary injunction of the City’s law barring non-human contributions to candidates (the same issue as in the Danielczyk case in the 4th Circuit… Continue reading
Big news from the Ninth Circuit. The full court has denied rehearing en banc in this campaign finance case. According to the order
, no active judge on the court requested a vote in the case. Among other things, the… Continue reading
You can read it here.
You can find my earlier coverage of this case here
. [Disclosure: I am one of the attorneys for the City of San Diego.] Under the rules, no response to the petition may be filed… Continue reading
In Minnesota Citizens Converned for Life, Inc. v. Swanson
, the Eighth Circuit unanimously upheld a district court’s decision not to preliminarily enjoin Minnesota’s ban on direct corporate contributions. (One of the three judges wrote separately to question whether the… Continue reading
That’s the lead press release at the moment at the James Madison Center
. Note that this is a suit against the county of San Diego. Jim Bopp and I are on opposite sides of a lawsuit raising similar issues… Continue reading
I earlier posted
about the Supreme Court’s denial of a stay in the Family PAC case. Now the Ninth Circuit has issued this 74-page opinion
upholding provisions of Washington State’s disclosure law against First Amendment challenge. The case was not… Continue reading
You can find the audio of yesterday’s argument in Thalheimer v. City of San Diego here
The opinion in MCCL v. Swanson is here
. Plaintiffs, represented by Jim Bopp, have already appealed
. I will be arguing against Jim on a similar issue before the Ninth Circuit in the Thalheimer case
on October 4.
Michigan has apparently entered into a consent decree
permitting corporate contributions to independent expenditure committees, converting this preliminary injunction
into a permanent one
. This comes on the heels of Thalheimer v. City of San Diego
and the FEC’s Commonsense
… Continue reading