May 25, 2010

Emergency Relief Requested from U.S. Supreme Court in Arizona Public Financing "Matching Funds" Case

So reports the Arizona Daily Sun. I will post a copy of the petition when I receive it.
Here is my post on the Ninth Circuit's decision in the McComish v. Bennett case. I had a chance yesterday to read this opinion over and I think if it stands it will serve as an important counterweight to the Long Beach case in the Ninth Circuit.
Judge Kleinfeld, a pretty hard line conservative judge, wrote a short, elegant concurring opinion in McComish, in which he brushed aside the argument that FEC v. Davis compels striking down the matching funds requirement in this case. It will be interesting to see Justice Kennedy's reaction to it. (Justice Kennedy, as Circuit Justice for the Ninth Circuit, will be the first to receive the application for emergency relief.)

Posted by Rick Hasen at May 25, 2010 07:52 AM