[EL] Real Truth About Obama & Jim Bopp

[Steve Hoersting]

A case-by-case determination of political committee status for an
independent and non-corrupting organization like Crossroads C4 is a
disaster -- even if the prospect of a retroactive determination of
political committee status cannot, now, after *CU*, turn independently
spent corporate dollars into crimes -- committee status or not.

Wish this issue were better focused upon, by the Court and everyone else,
in *SpeechNow.org v. FEC.*  Go get 'em Free Speech,

Steve Hoersting

On Tue, Jun 12, 2012 at 6:03 PM, Rick Hasen <rhasen at law.uci.edu> wrote:

>  I meant no disrespect to Jim at all.  As I wrote last week on the
> listserv, he's an excellent lawyer, and the reason he is losing all these
> cases is because of the strength of the arguments on the other side.
>
> Randall itself is kind of interesting----as you know, when you and I
> litigated on both sides of the San Diego Thalheimer litigation, it does not
> appear that there is a single case since Randall in which a court has
> struck down a campaign contribution limit as too low.  Or at least I could
> not find or recall one.  Are there any? Many?
>
> But there is no question Jim has had a profound impact on campaign finance
> law in this country.
>
>
>
> On 6/12/12 2:59 PM, Joe La Rue wrote:
>
> Rick,
>
> You wrote, "The courts, especially since *Citizens United* blew away
> campaign finance limits, seem much more apt to uphold broad disclosure
> rules." You're right that courts are upholding "broad disclosure rules,"
> including some instances where unconstitutional PAC-style registration and
> reporting burdens have simply been re-branded "disclosure" by Government
> and then upheld by the courts. But *Citizens *did not "blow away campaign
> finance limits." Individuals were always free to spend as much as they
> wanted independently of candidates. All *Citizens *did was recognize that
> prior precedent required that right be extended to *all *who want to
> speak independently of candidates, including labor unions (and you thought
> I was going to say "corporations").
>
> As for Jim Bopp, I've worked with him and know him as an attorney pretty
> well. He's got the tenacity of a bulldog and the patience of Job. Remember,
> as various progressives warned us, he's got a TEN!!! YEAR!!! PLAN!!!
> (Horror of Horrors!), and we're barely two years into it.
> http://www.commoncause.org/atf/cf/%7BFB3C17E2-CDD1-4DF6-92BE-BD4429893665%7D/Boppreport.pdf ;
> http://www.brennancenter.org/blog/archives/doe_v._reed_bopp_v._scalia .
> Once upon a time, everyone thought no contribution limit could be too low,
> and then came *Randall v. Sorrell*. And of course, once upon a time
> everyone thought Government could ban every communication that mentioned a
> candidate during the electioneering communication blackout period, and then
> came *Wisconsin Right to Life*. I won't be at all surprised when the
> Court grants cert to one of Jim's cases and clarifies it meant what it said
> about the Major Purpose Test.
>
> Joe
> ___________________
> *Joseph E. La Rue*
>  cell: 480.272.2715
> email: joseph.e.larue at gmail.com
>
>
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>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
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-- 
Stephen M. Hoersting
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