[EL] McCutcheon reaction and a question

[Josh Douglas]

Self-promotion alert:  for an extensive review of the various procedural
postures of election law cases (including direct review from a three-judge
district court opinion, as here), see my Utah Law Review article, The
Procedure of Election Law in Federal
Courts<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1679518>.


Josh

On Thu, Apr 3, 2014 at 8:52 PM, Pscrsc <rebecca.s.curry at gmail.com> wrote:

> Dear all,
>
> Benjamin is correct in quoting Roberts below, but I think the Chief
> Justice is exaggerating.  The law has long given a direct appeal to the
> Supreme Court -- it dates back to the 74 FECA -- but it didn't require a
> decision on the merits here.  The lower court case was dismissed on summary
> judgment, and the Supreme Court was only required to review that dismissal
> here.  The typical process is to correct the lower court's reading of
> Buckley and then send the case back for an actual trial (at which point,
> the Court could then issue the decision it gave us yesterday).  Likely, the
> Justices simply didn't want to delay such a ruling and instead wanted to
> let the new regime get underway as soon as possible ahead of the midterms.
>  In any event, I think it's notable that Roberts finds it necessary to
> bolster his point here with citations to the oral argument at several
> points in his opinion.  The Justices themselves apparently saw enough
> discretion in the procedural posture of the case that they opted to ask the
> parties about their options.
>
> Becky Curry
>
> --
> Rebecca Curry, J.D., Ph.D.
> Lecturer, Advanced Degree Program
> Berkeley Law School
> 215A Boalt Hall
> University of California
> Berkeley, CA 94720-7200
>
> rcurry at law.berkeley.edu
>
>
> From: Benjamin Barr <benjamin.barr at gmail.com>
> Date: Thu, 3 Apr 2014 14:58:57 -0400
> To: "Shockley, John" <shockley at augsburg.edu>
> Cc: "law-election at uci.edu" <law-election at uci.edu>
>
> Subject: Re: [EL] McCutcheon reaction and a question
>
> John,
>
> From *McCutcheon* itself: "McCutcheon and the RNC appealed directly to
> this Court, as authorized by law. 28 U. S. C. §1253. In such a case, "we
> ha[ve] no discretion to refuse adjudication of the case on its merits,"
> Hicks v. Miranda, 422 U. S. 332, 344 (1975), and accordingly we noted
> probable jurisdiction. 568 U. S. ___ (2013)."
>
>  Forward,
>
> Benjamin Barr
>
>
> On Thu, Apr 3, 2014 at 2:50 PM, Shockley, John <shockley at augsburg.edu>wrote:
>
>> Dear All:
>>
>> Unlike Rick, I haven't read the McCutcheon opinion, but I've got a
>> reaction and a question:  Considering all the possible cases the Supreme
>> Court could take (on First Amendment issues and everything else), I find it
>> fascinating that the five majority justices would decide that whether a
>> federal ban on contributions over the $123,200 limit ($246,400 for a
>> couple) would merit hearing as one of their few cases this year.  This is
>> obvious a very important right (of free speech!) for the five justices.
>>
>> My question is this:  Will any members of this listserve now plan to take
>> part in this very important right the Supreme Court has given to ALL of
>> us?  At the larger level, I also wonder what percent of the American people
>> will actually be able to use this new right?
>>
>> Yours,
>> John Shockley
>> Augsburg College (semi-retired)
>>
>>
>>
>>
>>
>>
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>
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-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
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