On July 3, the Second Circuit issued an opinion in Upstate Jobs Party v Kosinski, 21-2518.  It upholds New York campaign finance laws that allow qualified parties to make unlimited contributions to their own nominees in the general election, but does not permit unqualified parties to do the same.  The decision also upholds New York laws that allow individuals to contribute twice as much money to the nominee of a qualified party as to the nominee of an unqualified party.

Here is the opinion.  It is authored by Judge Debra Ann Livingston, a Bush Jr. appointee.  It is also signed by Judge Reena Raggi, a Bush Jr. appointee; and William J. Nardini, a Trump appointee.

The case had been filed in 2018 by the Upstate Jobs Party, which has never been a qualified party.  It can’t ever be a qualified party because its policy is not to run for statewide office.  Because New York law defines a party as a group that polled a certain share of the vote for President or Governor, it can never qualify.  When the lawsuit was filed, the definition of a party was substantially easier than it is now, but the panel did not mention that point.