On June 29, the U.S. Supreme Court summarily affirmed the 3-judge U.S. District Court decision in Republican National Committee v Federal Election Commission, 09-1287.  This case challenged part of the McCain-Feingold law that regulates contributions to political parties and spending by political parties.  The Republican Party in this case was not trying to get the limits on political party contributions and expenditures entirely struck down; instead the party was trying to carve out certain kinds of contributions and spending from under the thumb of the law.

Professor Rick Hasen has these thoughts as the top item in Election Law blog.  He says that perhaps the reason Justices Samuel Alito and Chief Justice John Roberts voted not to hear the case is that the case is not a straightforward attack on the constitutionality of the limits on political party campaign finance.  Three justices, Antonin Scalia, Clarence Thomas, and Anthony Kennedy, did vote to hear the case, but the Court won’t take a case without four votes to hear it.