[EL] AFP

[sean at impactpolicymanagement.com]

Which campaign finance disclosure laws do you think are in danger? The current regime? Or some preferred alternative?

 

Sean

 

 

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Rick Hasen
Sent: Thursday, July 1, 2021 11:02 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] AFP

 


 <https://electionlawblog.org/?p=123070> Breaking and Analysis: Supreme Court on 6-3 Vote in AFP Case Severely Undermines Case for Constitutionality of Campaign Finance Disclosure Laws


 <https://electionlawblog.org/?p=123070> July 1, 2021, 7:58 am <https://electionlawblog.org/?cat=29> Supreme Court <https://electionlawblog.org/?author=3> RICK HASEN

In a 6-3  <https://www.supremecourt.gov/opinions/20pdf/19-251_p86b.pdf> opinion, the Supreme Court has stuck down on a facial challenge California’s law requiring disclosure of donor information to CA officials for law enforcement purposes. But the case has major implications for campaign finance disclosure rules.

Justice Sotomayor in dissent says “Today’s analysis marks reporting and disclosure requirements with a bull’s-eye” and she’s exactly right. Chief Justice Roberts for the Court does  <https://electionlawblog.org/?p=122908> the exact switcheroo on what “exacting scrutiny” means  <https://slate.com/news-and-politics/2014/04/the-subtle-awfulness-of-the-mccutcheon-v-fec-campaign-finance-decision-the-john-roberts-two-step.html> as he did in McCutcheon in the contributions context.

More later, but the key point is that it will be much harder to sustain campaign finance disclosure laws going forward.

[This post has been updated.]

 

 

 

-- 

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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rhasen at law.uci.edu <mailto:rhasen at law.uci.edu> 

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

http://electionlawblog.org <http://electionlawblog.org/> 

 

 

 

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