I quickly read through the FEC's motion to dismiss in the Bluman case and was surprised to see that the FEC did not clearly make the distinction between the level of review of alienage classifications under federal law versus
the level of review under state law. In fact, the FEC does not seem to note that state laws making classifications on the basis of alienage are subjected to strict (or at least heightened) scrutiny unless the political function exception applies. The FEC cites
cases in which the political function exception was applied to state statutes as if they showed the general analysis to be applied, even to federal statutes. That part of the brief followed an argument that Congress has plenary authority to regulate immigration, but
it still seems to me to be a serious mistake in the motion. Maybe I missed something in my quick reading of the motion.