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Election Law @ Moritz

Election Law @ Moritz


Litigation

Citizens United v. Federal Election Commission

Case Information

Date Filed / Ended: December 13, 2007 / January 21, 2010
State: National
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:07-cv-02240); U.S. Supreme Court (Case 08205)

Issue:

Do federal campaign finance laws apply to a critical film about a US Senator intended to be shown in theaters and on-demand  cable.  The Supreme Court ordered re-argument to focus on the constitutionality of limiting corporations’ independent spending during campaigns for the Presidency and Congress.

Status:

Final Decision entered 1/21/10

Related Links

Supreme Court Documents

District Court Documents

Related EL@M Articles

Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

Daniel P. Tokaji

Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

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Info & Analysis

Fourth Circuit Issues Opinion in North Carolina Case, Blocking Part of New Voting Law

Today the Fourth Circuit U.S. Court of Appeals issued an opinion blocking some of the recently enacted changes to North Carolina voting law including the elimination of same day voter registration. The case is North Carolina NAACP v. McCrory.

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