[EL] Breaking: 2d Circuit Super PAC order

Rick Hasen rhasen at law.uci.edu
Thu Oct 24 08:01:17 PDT 2013


    Breaking: 2d Circuit Holds Super PACs Can Play in NYC Mayoral
    Election <http://electionlawblog.org/?p=56227>

Posted on October 24, 2013 7:59 am 
<http://electionlawblog.org/?p=56227>by Rick Hasen 
<http://electionlawblog.org/?author=3>

You can find the order here. 
<http://www.ca2.uscourts.gov/decisions/isysquery/26e0704a-dc08-4881-9bd5-736d6e5b2001/2/doc/13-3889-cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/26e0704a-dc08-4881-9bd5-736d6e5b2001/2/hilite/>

As I've explained <http://electionlawblog.org/?p=56049>, the federal 
district court had refused a preliminary injunction for a group that 
wanted to make unlimited contributions to an independent expenditure 
committee in the mayor's race. It did not address likelihood of success 
on the merits, focusing instead only on the public interest in changing 
the rules just before the election.

The Second Circuit held that under SpeechNow and other cases, the 
plaintiffs were very likely to succeed, and that there the public 
interest was served by having greater First Amendment rights before the 
election.

Will this go en banc or to the Supreme Court?

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Posted in campaign finance <http://electionlawblog.org/?cat=10>

-- 
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
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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