Ballot Access News, written by election expert Richard Winger, has the latest news on the Supreme Court’s new plans to dismantle barriers to money in American elections. According to the new post, U.S. Supreme Court Receives 12 Amicus Briefs Against Campaign Finance Law and 7 Amicus Briefs in Support of Law, there is a Supreme Court double down likely in October:
The only election law case scheduled for oral argument in the U.S. Supreme Court is McCutcheon v Federal Election Commission, 12-536, which will be heard October 8, 2013. The issue is the federal law that caps the amount of money individuals may give in any two-year cycle to all federal candidates and federal campaign committees combined.
Twelve amicus briefs in support of the Republican Party and Shaun McCutcheon (the individual who wants to exceed the limits) have been filed. They are from: (1) Wisconsin Institute for Law & Liberty; (2) Senator Mitch McConnell; (3) CATO Institute; (4) the Center for Competitive Politics; (5) the National Republican Senatorial Committee, jointly with the Republican Congressional Committee; (6) the American Civil Rights Union; (7) the Committee for Justice; (8) the Institute for Justice; (9) the Cause of Action; (10) the Thomas Jefferson Center; (11) a combined brief on behalf of the Tea Party Leadership Fund, the National Defense PAC, Combat Veterans for Congress PAC, Conservative Melting Pot PAC, and Freedom’s Defense Fund; (12) a combined brief on behalf of the Libertarian National Committee, the Constitution Party National Committee, the Free Speech Coalition, the US Justice Foundation, Gun Owners Foundation, English First, Abraham Lincoln Foundation, Institute on the Constitution, Western Center for Journalism, Policy Analysis Center, Conservative Legal Defense & Education Fund.
The seven amicus briefs in support of the federal law are from: (1) the Brennan Center for Justice; (2) Americans for Campaign Finance Reform; (3) Representatives Chris Van Hollen and David Price; (4) Professor Lawrence Lessig; (5) Democratic members of the U.S. House; (6) the Campaign Legal Center; (7) Communications Workers of America
The Ballot Access News article also linked to the SCOTUSblog’s article which had more information on the upcoming case including what was labled the “Issue”:
(1) Whether the biennial limit on contributions to non-candidate committees, 2 U.S.C. 441a(a)(3)(B), is unconstitutional for lacking a constitutionally cognizable interest as applied to contributions to national party committees; and (2) Whether the biennial limits on contributions to non-candidate committees, 2 U.S.C. 441a(a)(3)(B), are unconstitutional facially for lacking a constitutionally cognizable interest; and (3) Whether the biennial limits on contributions to non-candidate committees are unconstitutionally too low, as applied and facially; and (4) Whether the biennial limit on contributions to candidate committees, 2 U.S.C. 441a(a)(3)(A), is unconstitutional for lacking a constitutionally cognizable interest.
Also from SCOTUSblog:
| Date | Proceedings and Orders: Supreme Court Double Down |
|---|---|
| Oct 26 2012 | Statement as to jurisdiction filed. (Response due December 3, 2012) |
| Nov 14 2012 | Order extending time to file response to petition to and including January 2, 2013. |
| Jan 2 2013 | Motion to dismiss or affirm filed by appellee Federal Election Commission. |
| Jan 14 2013 | Opposition to motion to dismiss or affirm of appellants Shaun McCutcheon, et al., Appellants filed. (Distributed) |
| Jan 16 2013 | DISTRIBUTED for Conference of February 15, 2013. |
| Feb 19 2013 | PROBABLE JURISDICTION NOTED. |
| Mar 1 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the Solicitor General. |
| Mar 7 2013 | The time to file the joint appendix and appellants’ brief on the merits is extended to and including May 6, 2013. |
| Mar 11 2013 | Motion to dispense with printing the joint appendix filed by appellants Shaun McCutcheon, et al., Appellants. |
| Apr 1 2013 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Apr 22 2013 | The time to file appellee’s brief on the merits is extended to and including July 18, 2013. |
| May 6 2013 | Brief of appellant Republican National Committee filed. |
| May 6 2013 | Brief of appellant Shaun McCutcheon |
| May 8 2013 | Brief amicus curiae of American Civil Rights Union filed. |
| May 10 2013 | Brief amici curiae of National Republican Senatorial Committee and National Republican Congressional Committee filed. |
| May 13 2013 | Brief amici curiae of Downsize DC Foundation, et al. filed. |
| May 13 2013 | Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. |
| May 13 2013 | Brief amicus curiae of Senator Mitch McConnell filed. |
| May 13 2013 | Brief amicus curiae of Cato Institute filed. |
| May 13 2013 | Brief amicus curiae of Center for Competitive Politics filed. |
| May 13 2013 | Brief amicus curiae of Committee for Justice filed. |
| May 13 2013 | Brief amicus curiae of Institute for Justice filed. |
| May 13 2013 | Brief amici curiae of Tea Party Leadership Fund, et al. filed. |
| May 13 2013 | Brief amicus curiae of Cause of Action Institute filed. |
| May 13 2013 | Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression and the Media Institute filed. |
| Jul 18 2013 | Brief of appellee Federal Election Commission filed. |
| Jul 22 2013 | CIRCULATED. |
| Jul 23 2013 | SET FOR ARGUMENT on Tuesday, October 8, 2013. |
| Jul 24 2013 | Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed) |
| Jul 24 2013 | Brief amicus curiae of Americans for Campaign Reform filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of Representatives Chris Van Hollen and David Price filed. (Distributed) |
| Jul 25 2013 | Brief amicus curiae of Professor Lawrence Lessig filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of Democratic Members of the United States House of Representatives filed. (Distributed) |
| Jul 25 2013 | Brief amici curiae of The Campaign Legal Center, et al. filed. (Distributed) |
| Jul 25 2013 | Motion of Senator Mitch McConnell for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jul 25 2013 | Brief amici curiae of Communications Workers of America, et al. filed. (Distributed) |
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