Breaking News: Supreme Court, on Bopp's Second
Try, Denies, Over Two Dissents, Request for Injunction in Maine
Public Financing Case
Via SCOTUSBlog
comes word of this
order from the Court:
10A362 RESPECT MAINE PAC, ET AL. V. MCKEE, WALTER F., ET AL.
The application for an injunction, presented to Justice Kennedy
and by him referred to the Court, is denied. Applicants are
correct to note that relief was granted in McComish v. Bennett,
560 U. S. ___ , (2010), which concerned a constitutional
challenge to an Arizona law similar to the Maine law challenged
by applicants here. The McComish applicants, however, requested
a stay of an appeals court decision, whereas applicants here are
asking for an injunction against enforcement of a presumptively
constitutional state legislative act. Such a request "demands a
significantly higher justification" than a request for a stay
because, unlike a stay, an injunction "does not simply suspend
judicial alteration of the status quo but grants judicial
intervention that has been withheld by lower courts." Ohio
Citizens for Responsible Energy, Inc. v. NRC, 479 U. S. 1312,
1313 (1986) (Scalia, J., in chambers). In light of these
considerations, and given the difficulties in fashioning relief
so close to the election, applicants' request for extraordinary
relief is denied.
Justice Scalia and Justice Alito would grant the application for
an injunction as to the matching fund provisions.
I would not read too much into this ruling either on the
likelihood that the Court will take the Arizona case or, if it
takes the case, how it would rule. (I've already said I think it
is likely the Court will take the Arizona case to reverse the
Ninth Circuit.)
Posted by Rick Hasen at
03:34
PM
"American Crossroads Spends Big Bucks in Hopes
of Helping GOP Regain Control of Congress"
The Open Secrets blog reports.
Posted by Rick Hasen at
03:11
PM
"A Cautionary Tale of Corporate Political
Spending Emerges in Minnesota"
This
article appears at ABAJournal.com.
Posted by Rick Hasen at
03:07
PM
"Wall Street Journal Parrots a Bogus Claim"
Justice at Stake responds
to a Wall Street Journal editorial linked
to this morning.
Posted by Rick Hasen at
01:51
PM