[EL] Today's other Supreme Court opinion

[Adav Noti]

The Supreme Court's non-Bridgegate opinion today was interesting from a political law perspective.  The Court smacked around<https://www.supremecourt.gov/opinions/19pdf/19-67_n6io.pdf> the Ninth Circuit for inventing a facial First Amendment challenge the plaintiff in the case hadn't raised, ordering the parties to brief and argue it, and facially striking down the statute on the First Amendment grounds the court itself had devised.

Or to hyperlink that description slightly differently: inventing<https://transition.fec.gov/law/litigation/citizens_united_sc_08_order_rearg.pdf> a facial First Amendment challenge the plaintiff<https://transition.fec.gov/law/litigation/cu_cu_mot_sj.pdf> in the case hadn't<https://transition.fec.gov/law/litigation/citizens_united_fec_motion_sj.pdf> raised<https://transition.fec.gov/law/litigation/cu_order_dismiss_cnt5.pdf>, ordering the parties to brief and argue<https://www.scotusblog.com/2009/06/briefing-set-on-citizens-united-rehear/> it, and facially striking down<https://scholar.google.com/scholar_case?case=14627663605033036164> the statute on the First Amendment grounds the court itself had devised.


Adav Noti
Senior Director, Trial Litigation & Chief of Staff
Campaign Legal Center
1101 14th Street NW, Washington, DC 20005
202.736.2203 | @AdavNoti<https://twitter.com/AdavNoti>
anoti at campaignlegalcenter.org<mailto:anoti at campaignlegalcenter.org>

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