[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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