On July 30, the 11th circuit reversed the U.S. District Court and enjoined Florida from paying extra public funding to William McCollum, a candidate for Governor in the Republican primary. McCollum’s opponent, Richard Scott, had filed the lawsuit, which is Scott v Roberts, 10-13211. The decision is 44 pages.
The 2nd circuit had made a similar ruling earlier this month, in a Connecticut case. The 9th circuit had come to the opposite conclusion a few months ago. The issue is whether states violate the constitution when they give extra public funding to publicly-funded candidates who have very well-funded opponents who are not using public funding.
The 11th circuit says that Florida could achieve its goal of encouraging participation in public funding if it would just eliminate the expenditure ceiling for publicly-funded candidates who have opponents who are not using public funding and who have substantial resources. The decision is written by Judge William H. Pryor (a Bush Jr. appointee), and co-signed by Judge Joel F. Dubina (a Bush Sr. appointee) and Judge Beverly Martin (an Obama appointee). Thanks to Nicholas Ruiz for the news.