What explains the delay in the James
Madison Center seeking an injunction of the BCRA? After the lower court
issued a stay, James Bopp, James Madison Center attorney for the National
Right to Life Committee and the Club for Growth was quoted in numerous news
articles (see posts from 5/20 on) as stating he was going to appeal the stay
of the district court decision striking down portions of the BCRA. Bopp further
stated that he was likely to appeal to the D.C. Circuit. I and others have
explained why an appeal to the D.C. Circuit would almost certainly be unavailing;
the appeal most go directly to the Supreme Court. Why hasn't Bopp filed
there yet?
It might just be that he is still crafting his papers (though he did manage
to file a very quick response to the NRA stay request filed with Chief Justice
Rehnquist before the lower court ruled). But perhaps there is a more strategic
explanation: Filing now would get the Supreme Court to focus immediately
on the case, including taking a look at the merits. (In determining whether
or not to grant a stay pending appeal, one factor is likelihood of success
on the merits.) Perhaps Bopp does not want to get the Court focused on the
merits just yet, in the hopes that things can be delayed long enough in the
Supreme Court so that there can be a retirement of a Justice (such as the
Chief). A retirement, as has been widely discussed, can only help the chances
of the plaintiffs succeeding in the Court.
More note Republican advantage in fundraising
under BCRA This
NY Times report on a Bush fundraiser pulling in $22 million
quotes Senator Lott on the Republican advantage in fundraising: "'This is
what John McCain always said would happen, that we'd be better off under
the new campaign finance laws because we have a better ability to raise hard
money,' Mr. Lott said."
"A Compelling Case for McCain-Feingold" Al
Hunt offers this
commentary in the Wall Street Journal. (Thanks to Jay Cooper and
Steven Sholk for the pointer.)
--
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlaw.blogspot.com