U.S. Supreme Court Remands Alaska Campaign Contribution Case Back to Ninth Circuit

On November 25, the U.S. Supreme Court remanded Thompson v Hebdon, 19-122, back to the Ninth Circuit, and instructed the Ninth Circuit to re-write the decision.  The case concerns Alaska’s $500 limit on how much an individual may give to a candidate for state office.  The Ninth Circuit had upheld that limit, and also upheld Alaska’s law that makes it very difficult for an out-of-state individual to give any donation at all.

The U.S. Supreme Court remand is unsigned.  It says that the Ninth Circuit decision erroneously had said that a 2006 U.S. Supreme Court decision from Vermont, Randall v Sorrell, is not a binding precedent because no one opinion in that case was signed by a majority of the justices.  But the U.S. Supreme Court says the Ninth Circuit should have considered Randall to be a binding precedent.  Randall struck down limits of $400.  It is now somewhat likely that on remand, the Ninth Circuit will strike down the Alaska limits.

A side effect of the November 25 action is to cast doubt on the campaign finance provisions of the Alaska initiative that also imposes a top-four system.


Comments

U.S. Supreme Court Remands Alaska Campaign Contribution Case Back to Ninth Circuit — 4 Comments

  1. https://www.supremecourt.gov/orders/courtorders/112519zor_8mj9.pdf

    — after the zillion top case items.

    One more brain dead WORTHLESS JUNK per curiam op. — at least it is short.

    NOOOO too high / too low / inflation stuff in the 1 AMDT.

    9 SCOTUS HACKS at mindless work — how many of them are de facto SENILE ???

    SHOULD have summarily reversed ALL the USA campaign finance JUNK SCOTUS stuff since 1789 and States campaign finance SCOTUS JUNK stuff since 1868 [14 Amdt].

    Thus more JUNK to come from 9 Cir. – for later review.

  2. Also – the math stuff about plurality ops = NOOOO majority op by definition = de facto NO op – just affirm or reverse – for unknown *reasons*

    — leaving any lower majority op – IF affirmed.

    Average citizen comment ??? — SCOTUS HACKS at WORK !!!!!!

  3. The initiative statute has a severability clause.

    Where campaign financing and the Top 4 overlap it is incidental. The initiative would have the governor and lieutenant governor run as a tandem throughout the election process (currently they run independently, which has produced some pairings where the two can’t stand each other), and it also sets a contribution limit.

    Parties are permitted to do two mailings supporting the party nominees, without it counting as a contribution to an individual candidates. Since there will no longer be nominees, the initiative would permit mailings with slates of candidates.

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