Supreme Court Washington Post: Senate poised for historic clash over Supreme Court nominee Neil Gorsuch By Ed O’Keefe The Senate is set for a historic clash Thursday over the confirmation of Judge Neil Gorsuch to serve on the U.S. Supreme Court, a showdown poised to spark a fundamental change in the chamber’s rules. […]
Washington Examiner: Gorsuch’s record shows strong support for the First Amendment view of campaign finance laws (In the News)
By David Keating
In his time on the United States Court of Appeals for the 10th Circuit, Gorsuch consistently wrote or joined pro-free speech rulings. The Center for Competitive Politics found four cases Gorsuch has ruled on concerning press freedom, one case concerning petition rights, and one case on contribution limits. In each instance, he came down on the side of the First Amendment…
Critics of campaign finance laws will be particularly heartened by Gorsuch’s concurring opinion in the contribution limit case Riddle v. Hickenlooper. Riddle was a challenge to Colorado’s contribution limit laws, which allowed Democratic and Republican candidates to raise twice as much money as minor party and independent candidates. The majority struck down the law as a violation of the equal protection clause.
More interesting than that is Gorsuch’s concurring opinion in the case. He expressed “some uncertainty about the level of scrutiny the Supreme Court wishes us to apply” to contribution limit cases, and signaled that he might support the application of strict scrutiny, the most stringent standard of judicial review.
By David Keating
We found four cases relevant to First Amendment speech freedoms where Judge Hardiman either wrote or joined an opinion. Additionally, he voted against a petition for en banc review of Delaware Strong Families v. Denn, where CCP represented the plaintiff in one of the most important campaign finance cases of 2016…
The question presented in this lawsuit was simple. Should the state have the power to regulate groups that publish nonpartisan voter guides in essentially the same way that it regulates candidate committees, political parties, and PACs?
Judge Hardiman did not sit on the panel that heard this important case. However, he and the other Third Circuit judges received a petition asking the full en banc court to review the decision. A short brief accompanied the petition, which was denied. Judges Kent A. Jordan and Thomas I. Vanaskie voted to grant the petition, but Judge Hardiman did not…
After en banc review by the Third Circuit was denied, a certiorari petition was filed, unsuccessfully, with the U.S. Supreme Court. Justice Clarence Thomas wrote a highly unusual six-page dissent denouncing the Court’s refusal to hear the case. Such dissents are rare. Justice Samuel Alito also announced that he would have granted review.
By Luke Wachob
2016 was a surprising year in politics. One surprise that hasn’t received much attention yet is the minimal role played by “money in politics” in the presidential election. One of the best-funded candidates in history, Hillary Clinton, lost to an opponent who raised less than half of what she did. Not just that, but independent supporters of Clinton outspent those advocating for Trump nearly 3-to-1…
Deregulating campaign finance after the 2016 cycle should become less controversial. (Although the pro-regulation crowd and their media cheerleaders will no doubt work hard to prevent that.) Hillary Clinton’s massive fundraising operation showed that regulations don’t prevent prominent politicians from building a “war chest” to scare off challengers. Donald Trump’s victory, despite comparatively little spending, showed how public figures can leverage their celebrity to make campaign finance restrictions irrelevant. Meanwhile, new voices without the benefit of fame are stifled by the same laws supposedly preventing the wealthy from gaining political advantage.
What is left is to liberalize the system so that everyone – not just the Clintons and Trumps of the world – can thrive in politics.
Colloton Coca-Cola v. Purdy Cross v. Mokwa MCCL v. Kelley Republican Party v. White Stahl v City of St. Louis Wersal v. Sexton Other ACLU v. Alvarez (Sykes) B.H. v Easton (Hardiman) Ezell v. City of Chicago (Sykes) Lavin I and V (Kethledge) Lavin v. Husted (Kethledge) League of Women Voters v. Quinn (Sykes) Lodge […]
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