McComish v. Bennett: Plaintiffs’ memorandum in support of summary judgment
Plaintiffs’ memorandum in support of summary judgment. It is argued that the Court was correct to rule twice that Matching Funds cause the vigorous exercise of First Amendment rights to disseminate hostile viewpoints, and that this legal framework cannot withstand the holding of Davis. Because Matching Funds violate the First Amendment, they cause irreparable harm for which there is no adequate remedy at law. Elrod, 427 U.S. at 373-74. Accordingly, the public interest and equities favor permanently enjoining Matching Funds. Service Employees Intern. Union, AFL-CIO, CLC v. Fair Political, 721 F. Supp. 1172, 1179 (E.D. Cal. 1989). For these reasons, Plaintiffs request the Court to permanently enjoin A.R.S. § 16-952 (A)-(C) pursuant to 42 U.S.C. § 1983, as well as the First and Fourteenth Amendments to the U.S. Constitution, both facially and as-applied.