Image
Paul Smith

Updates

Updates

 

 

Much is at stake tomorrow when the Supreme Court hears oral arguments in the challenge to federal contribution limits.  If you are tired of reading about the McCutcheon v FEC, you can watch a summary of key issues and potential outcomes. CLC Policy Director Meredith McGehee has produced a video of Senior Counsel Tara Malloy talking about the case.

...

Several readers have asked for additional explanation of the practical effects of applying “strict scrutiny” to judicial review of contribution limitations, first discussed in yesterday’s blog “The Grenade in the McCutcheon briefs.”

When the Court decides to apply strict scrutiny, it requires a law to be “narrowly tailored” to advance a...

Those who have been following the Supreme Court case, McCutcheon v. FEC, know that it is a challenge to the $123,200 federal limit on how much an individual can give, in aggregate, to candidates, political parties and PACs in a single election cycle.  What they may not realize, however, is that the plaintiffs and some of the amici curiae who filed...

See no evil, hear no evil appears to be the mantra of those urging the Supreme Court to strike down the federal aggregate contribution limits, which currently allow an individual to give as much as $48,600 in total contributions to candidates in an election cycle, as well as $74,600 to political parties and PACs.

This approach is typified by the...

The startling discovery that 32 dead people have donated nearly $600k to political candidates and parties since 2009 officially puts the number of confirmed reports of zombie donors well above the number of confirmed reports of zombie voters.  This raises the obvious question that if concerns of hypothetical zombie voters warrant restrictive photo...

Issues

The American public’s opinion of Congress is at an all-time low.  A NBC/WSJ poll released six days ago reveals that 83% of Americans are dissatisfied with the job Congress is doing.  In fact, according to a Think Progress poll published in January, Congress is even less popular than cockroaches and colonoscopies.

Partisanship and inability to...

Issues

Last week, the Campaign Legal Center and American University’s Washington College of Law wrapped up the first annual Voting Rights Law Institute.  The four-night Institute afforded law students and practitioners training on enforcement of voting rights law, particularly cases brought to enforce Section 2 of the Voting Rights Act, and the Fourteenth...

Issues

The Voting Rights Institute continued Wednesday in the wake of a dramatic week at the Supreme Court which saw a major setback for voting rights, but historic victories for gay rights.

Joining Gerry Hebert, organizer of the Voting Rights Institute and the Legal Center’s Executive Director, was an expert faculty featuring Paul Smith, Partner and...

Issues

While we continue to lament Tuesday’s blow to the Voting Rights Act in the Shelby County decision, it is imperative that we remember that the fight is not nearly over. That theme was certainly on display at the second evening of the Voting Rights Institute.

The Voting Rights Institute is a new program launched by the Campaign Legal Center and...

Issues

This morning, in Shelby County, Alabama v. Holder, the Supreme Court struck down the coverage formula of Section 4 of the Voting Rights Act, effectively gutting Section 5 of the Act requiring “covered” states under Section 4’s formula to “pre-clear” changes in voting law with the federal government before they can take effect. Without a coverage...

Issues

Much of the debate in the pending Shelby County case centers on whether the remedy in Section 5 of the Voting Rights Act is “congruent and proportional” to the evidence of violations, as the Supreme Court first began requiring in 1997 in City of Boerne v. Flores. However, simply reading City of Boerne and the cases following it suggests that this...

Issues

In light of the FEC’s gridlocked paralysis and the recent controversies at the IRS, many grow increasingly concerned that federal authorities are simply unwilling or unable to ensure meaningful disclosure of the independent spending unleashed by the Citizens United decision.  It is thus heartening to see that states are leading the way on the...

Well it turns out that Stephen Colbert’s 501(c)(4), Colbert Super PAC SHH!, never applied for the privileged tax status with the IRS  – because it didn’t have to.  Informed of these facts last night by his “personal attorney” and Campaign Legal Center President Trevor Potter, The Colbert Report host decided to use the current IRS scandal to his...

Emboldened by the conservative majority in the U.S. Supreme Court, ideological and interest group opponents of campaign finance regulation have brought an unprecedented number of cases in the last years to challenge campaign finance laws at the federal, state and municipal levels.  The Legal Center today released an updated summary of that...