May 21, 2010

Ninth Circuit, on 3-0 Vote, Upholds Matching Funds Requirement in Arizona Public Financing Scheme

You can find the court's opinion, including a concurrence by Judge Kleinfeld, here.

In this post -Citizens United world, this is a rare win for supporters of reasonable campaign finance regulation. The opinion from Judge Tashima does a very good job laying out both the constitutional basis of the Arizona plan, as well as dealing with the question of the Supreme Court's Davis case, and its cryptic citation to Day v. Holohan.

I am virtually certain this is not the last we will hear of this case. I would be shocked if the plaintiffs did not seek en banc reconsideration. Readers of this blog will recall that Judge Bea, a member of the Ninth Circuit motions panel considering a stay of the district court's order enjoining enforcement of the Arizona plan, believed that the Arizona plan clearly was unconstitutional under Davis. Judge Bea was not a member of the merits panel that decided the case today.

I don't know if the Ninth Circuit will take this case en banc, but if it does not, it would not surprise me for the Supreme Court to take the case. Stay tuned.

Posted by Rick Hasen at May 21, 2010 12:17 PM