[EL] McCutcheon oral argument

Rick Hasen rhasen at law.uci.edu
Tue Oct 8 08:37:45 PDT 2013


    Early Reports on McCutcheon Oral Argument: Agreggate Limits Likely
    to Fall, But Not Clear If Standard of Review Will Change
    <http://electionlawblog.org/?p=55799>

Posted on October 8, 2013 8:36 am 
<http://electionlawblog.org/?p=55799>by Rick Hasen 
<http://electionlawblog.org/?author=3>

AP: 
<http://bigstory.ap.org/article/campaign-contribution-caps-issue-high-court>

    Chief Justice John Roberts said that telling an individual he can
    give the legal maximum of $2,600 per election to only a handful of
    candidates for Congress "seems to me a very direct restriction" on
    First Amendment rights.

    The court did not appear willing to call into question all
    contribution limits in its first major campaign finance case since 2010.

HuffPo 
<http://www.huffingtonpost.com/2013/10/08/mccutcheon-v-fec_n_4059180.html?utm_hp_ref=tw>

More to come

I've explained in /Slate / 
<http://www.slate.com/articles/news_and_politics/jurisprudence/2013/09/campaign_finance_at_the_supreme_court_is_mccutcheon_v_fec_the_next_citizens.html>that 
the most important question is not IF the limits fall but HOW.  A broad 
ruling could endanger /all/ campaign contribution limits.

Also, to understand /McCutcheon/ you've got to know the history of 
/Buckley v. Valeo. ///I tell its story in /The Nine Lives of //Buckley 
v. Valeo / 
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1593253>(in First 
Amendment Stories (Garnett and Koppelman eds.)

-- 
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
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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