Could Citizens United Be Toast in Just Two Months?

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http://www.motherjones.com/mojo/2012/05/11th-amendment-citizens-united

Last December, the Montana Supreme Court defied Citizens United by upholding the state's century-old campaign finance laws. That decision could well be overturned when it comes before the Supreme Court, which stayed the Montana high court's decision in February. But never fear, reformers: The Eleventh Amendment Movement (TEAM), an obscure group based in Hawaii, claims that Citizens United could be effectively overturned within in the next two months.

Here's TEAM's argument, as laid out in an amicus brief filed with the Supreme Court: Because the plaintiff in the Montana case made a "technical error" by naming state Attorney General Steve Bullock in his official capacity, the 11th Amendment bars the Supreme Court from touching the Montana decision. The amendment affirms the principal of sovereign immunity, which prevents federal courts from interfering with lawsuits brought by individuals against state governments.

The group is represented by Carl Mayer, a New York lawyer who's won cases against the likes of Nike and has been working on behaf of journalist Chris Hedges to strike down the indefinite detention provision of the National Defense Authorization Act. Last Wednesday, a federal judge sided with Hedges. (Mayer also unsucessfully sued the New England Patriots and NFL for $185 million on behalf of New York Jets fans, claiming that Patriots coach Bill Belichick rigged games by secretly taping opponents' signals.)

At first glance, TEAM's theory is intriguing. If the Supreme Court were to decline to hear the Bullock case on 11th Amendment grounds, outside expenditure laws would "enter into a world of great confusion," says Tara Malloy of the Campaign Legal Center. "On the one hand, Citizens United would still be standing as the law of the land. On the other hand, we would have this state case which seems to indicate quite a lot of wiggle room for states to claim unique circumstances that would justify a corporate expenditure restriction." That's precisely the loophole TEAM hopes to open so that states may enforce or pass new campaign-finance laws that mitigate the impact of Citizens United. (Twenty-two states and Washington, D.C., are urging the Supreme Court not to touch the Montana Supreme Court decision.)

[Lns.Lns]

1. I could only hope...

will be watching this.

[PDJane]

2. That would be a very nice thing......and I hope it works.

[PoliticAverse]

3. Suppose you accept their argument, what prevents a suit being filed without the 'technical error' ?

[Denninmi]

4. Well, I guess that would be fine, in states not run by Republican Mafiosi.

It won't help those of us whose state governments have been taken over by R-Thugs.

[99th_Monkey]

5. From Mayer's lips to God's ear. ~nt

[HAlvarez]

6. Citizens’ United May Perversely Block Public Financing to Candidate OUTSPENT 10 to 1 By Private $

FOR IMMEDIATE RELEASE:



New Mexico Secretary of State Withholds Matching Funds from Publicly-Funded Campaigns of Democratic Candidates for PRC

Albuquerque, NM - May 26, 2012


On Tuesday, May 22, 2012, Democrat Cynthia B. Hall, candidate for Public Regulation Commission (PRC), District 1, filed a petition for a court order and an emergency hearing in state district court in Santa Fe requiring Secretary of State Dianna J. Duran to immediately issue to Hall matching funds under the New Mexico public financing law, the Voter Action Act (VAA).


The Secretary of State is required to disburse to publicly financed candidates “matching” funds when campaign finance reports show those candidates are being outspent by privately-funded candidates or third-party groups. Campaign finance reports submitted on May 14, 2012 showed that Al Park had spent $114,905.20 and Cynthia B. Hall had spent $10,090. Due to a cap on the amount of matching funds allowed under the VAA, Hall would receive only another $30,533 in matching funds, not the $84,372.20 real dollar difference. Hall demanded the funds on May 16, 2012.


On Thursday, May 24, Hall also intervened in a federal court case filed February 2, 2012, by Dan Dolan, The New Mexicans for an Economic Recovery PAC, and the Republican Party. These plaintiffs seek a declaration that the matching provision of the New Mexico VAA is unconstitutional as an infringement of the free speech rights of privately-funded political opponents of publicly-financed candidates, because the effect of private donations is “diluted” when the government provides additional funds to publicly-funded opponents.


On Friday, May 25, the plaintiffs in the federal case requested an emergency restraining order prohibiting the New Mexico Secretary of State from disbursing any matching funds. The Secretary of State Duran has so far refused to disburse matching funds to Hall, stating she believes the matching funds provision is unconstitutional, citing Attorney General King’s informal opinion on the constitutionality issue.


In the emergency hearing Friday night held by federal judge Christine Armijo, intervenor Democrat Al Park argued that matching funds violated his First Amendment Constitutional rights of free speech and he would suffer irreparable harm if Hall were to receive them. Secretary Duran and Attorney General King did not attend the hearing. The judge refused to grant the restraining order.

The state court is expected to act on the emergency hearing request on Tuesday. Judge Victor Lopez, candidate for state appellate court and public financing recipient and intervenor in the federal lawsuit, is expected to seek a state court order, as well.

It is not clear whether the state will disburse the funds fast enough to assist the campaigns of Hall and Karen Montoya, another Democrat PRC candidate receiving public financing. Hall states that she will suffer irreparable harm to her campaign without immediate disbursement of the matching funds and that it took the state two weeks to provide her original disbursement after she qualified for it.


If you would like more information, please contact:
Cynthia B Hall
505-720-8627
[e-mail]

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7. interesting. nt