[EL] McComish (and let's stop calling it that) Decided
BZall at aol.com
BZall at aol.com
Mon Jun 27 09:13:59 PDT 2011
I recall an earlier ABA Tax Section Political Subcommittee meeting shortly
after the passage of McCain-Feingold, and echoing the discussion of what to
call McComish, I proposed calling the legislation the "Bicker Act", but
lost out to "Bick-Ra".
And on the same occasion, one of the author's staffers stopped the
constitutional discussion by saying "We won. You lost. Get over it." Don't think
that is how it's turned out.
Barnaby Zall
Of Counsel
Weinberg, Jacobs & Tolani, LLP
11300 Rockville Pike, Suite 1200
Rockville, MD 20852
301-231-6943 (direct dial)
_www.wjlaw.com_ (http://www.wj/)
bzall at aol.com
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In a message dated 6/27/2011 11:38:08 A.M. Eastern Daylight Time,
heather.gerken at yale.edu writes:
Rick has been citing a bunch of the heated language from the opinions. I,
too, was struck by the vituperative language. It may be because of a
nascent rivalry between Chief Justice Roberts and Justice Kagan. But I think
it has more to do with the current state of campaign finance doctrine. We
are not witnessing a doctrinal framework moving gradually toward the middle
ground. We are witnessing a doctrinal death match, and the language of the
opinions reflects that fact. For those interested, the post is here:
_http://balkin.blogspot.com/2011/06/campaign-finance-and-doctrinal-death.htm
l_
(http://balkin.blogspot.com/2011/06/campaign-finance-and-doctrinal-death.html)
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