FAN.9.2 (First Amendment News) More on Yesterday’s McCutcheon Case
By way of more updates on yesterday’s First Amendment ruling in McCutcheon v. FEC, below are some commentaries and what have you on the case. (This column will be updated periodically for a short time.)
Vote to Reverse: 5-4 (sustaining First Amendment claim)
Plurality Opinion: Chief Justice John Roberts (joined by Justices Scalia, Kennedy & Alito)
Concurring Opinion: Justice Clarence Thomas (would overrule Buckley)
Dissenting Opinions: Justice Stephen Breyer joined by Justices Kagan, Ginsburg, & Sotomayor.
- SCOTUSblog is doing an online symposium on the case. Contributors include: Ron Collins & David Skover, Burt Neuborne, Paul M. Smith, Jan Witold Baran, Richard Hasen, Ilya Shapiro and Fred Wertheimer. All the posts, which are being posted incrementally, should be up very soon.
- Adam Liptak, “Supreme Court Strikes Down Overall Political Donation Cap,” NYT, April 3, 2014.
- Shaun McCutcheon, “I Fought the Law & I Won,” Politico, April 2, 2014.
- David Berstein, “Breyer’s dangerous dissent in McCutcheon (the campaign finance case),” Volokh Conspiracy, April 2, 2014.
- Will Baude, “Where do the Supreme Court’s campaign finance cases come from?“, Volokh Conspiracy, April 2, 2014.
- Hans von Spakovsky, “The First Amendment Triumphs at the Supreme Court,” The Foundry, April 2, 2014.
- Paul Campos, “Supreme Court’s abomination: How McCutcheon decision will destroy American politics,” Salon, April 2, 2014.
- Sam Frizell, “The Alabama Engineer Who Made History At the Supreme Court,” Time, April 2, 2014.
- Alec MacGillis, “The Stunning Chutzpah of the Supreme Court’s New Elimination of Campaign Contribution Limits,” TNR, April 2, 2014.
- John Light, “The Court’s Decision on McCutcheon Will Empower the Oligarchs, Say Reformers,” Moyers & C0., April 2, 2014.
- Pete Beinhart, “How McCutcheon Could Come Back to Haunt the Republican Party,” The Atlantic, April 2, 2014.
- David Earley, “In McCutcheon, Justices Advance Troubling Vision of Democracy,” Brennan Center for Justice, April 2, 2014.
- “John Boehner on McCutcheon v FEC: Freedom of Speech,” YouTube, April 2, 2014.
For a very informative explanation of the monetary significance of McCutcheon and how that translates to real politics, see Chris Cillizza’s “Winners and losers from the McCutcheon v. FEC ruling,” Washington Post, April 2, 2014.
- Ronald Collins & David Skover, When Money Speaks: The McCutcheon Decision, Campaign Finance Laws & The First Amendment (we have now completed the book, replete with a discussion of the McCutcheon ruling. Should be out very soon.).
- Shaun McCutcheon, Outsider Inside The Supreme Court — A Decisive First Amendment Battle (should be out soon).
Lawyers: Supreme Court
For Appellant RNC: James Bopp, Jr. (NB: Though the NRC brief was prepared by Mr. Bopp, Ms. Murphy argued the case for both McCutcheon and the RNC)
For Senator Mitch McConnell (amicus): Bobby Burchfield
For Appellee: Solicitor General Donald Verrilli, Jr.
Resources & Related Materials
- Lower Court opinion (per Judge Janice Rogers-Brown) (argued by James Bopp, Jr., for Appellant)
Selected Supreme Court Briefs
- Cert. Petition of Shaun McCutcheon & RNC (James Bopp, Jr., counsel of record)
- Merits Brief of Appellant RNC (James Bopp, Jr., counsel of record)
- Merits Brief of Appellant Shaun McCutcheon (Michael T. Morley, counsel of record)
- Reply Brief of Appellant Republican National Committee (James Bopp, Jr., counsel of record)
- Amicus Brief of Sen. Mitch McConnell (Bobby Burchfield, counsel of record)
- Amicus Brief of the Cato Institute in support of the Appellant (Ilya Shapiro, counsel of record)
- Amicus Brief of Thomas Jefferson Center for the Protection of Free Expression and the Media Institute in support of the Appellant (J. Joshua Wheeler, counsel of record)
- Brief of Appellee FEC (S.G. Donald Verrilli, Jr., counsel of record)
- Amicus Brief of Brennan Center for Justice in support of Appellee (Daniel Kolb, counsel of record)
- Amicus Brief of Americans for Campaign Reform in support of Appellee (Charles Fried)
- Amicus Brief of Democratic Members of the U.S. House of Representatives in support of Appellee (Paul M. Smith, counsel of record)
- Amicus Brief of Representatives Chris Van Hollen & David Price in support of Appellee (Seth Waxman, counsel of record)
- Amicus Brief of Professor Lawrence Lessig in support of Appellee (Douglas T. Kendall, counsel of record)
- For Additional Briefs, go here (ABA site)
- SCOTUSblog Symposium on McCutcheon (Aug., 2013) (contributors: Erwin Chemerinsky, Ronald Collins, Robert Corn-Revere, Joel Gora, Justin Levitt, Tamara Piety, David Skover, & Adam Winkler)