The denial is obviously good news for supporters
of the campaign finance law. The Chief Justice's statement that the BCRA
"should remain in effect until the disposition of this case by the Supreme
Court" is a strong signal that the Court will not be entertaining any other
stay motions in this case. Technically, Bopp could go back to another Justice
on the Court (the letter states that the Chief "consult[ed]" with other members
of the Court, not that he referred the application to the full Court), but
that does not seem it would be to any avail.
So the BCRA as written is the law of the land until we get a ruling on the
merits. As I have indicated, I would not read too much into this stay denial
in terms of the ultimate merits of the case.
The next major decision to come from the Supreme Court is the timing of briefing
and oral argument, which will in turn determine when the Court decides the
challenge on the merits. We have yet to see any party suggest any special
briefing or timing rules to the Court.
--
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