Assoc. of American Physicians and Surgeons v. Brewer

In January 2004, the Association of American Physicians and Surgeons (AAPS) and others filed a constitutional challenge to several aspects of Arizona’s public campaign financing system. The district court dismissed the challenge, and plaintiffs appealed.  The U.S. Court of Appeals for the Ninth Circuit originally affirmed the lower court, dismissing the entire case as moot on May 10, 2007. Upon plaintiffs’ petition for rehearing, however, the Court of Appeals, sitting en banc, determined that some of the claims were not moot, and remanded the case to the district court to permit further development of these claims. Plaintiffs eventually voluntarily dismissed their case, with similar issues being litigated in McComish v. Bennett.