On June 12, the U.S. Court of Appeals, D.C. Circuit, issued a 13-page opinion in Level the Playing Field v Federal Election Commission, 19-5117. The decision says the Commission’s policy of limiting the general election debates to candidates who are at 15% at the polls in September does not violate any federal campaign laws.
The ruling says, “American politics has, for most of American history, been organized around two parties.”
The ruling says the 15% poll standard can sometimes be met by independent or third party presidential candidates. In support of that assertion, it nentions George Wallace, John Anderson, and Ross Perot. But John Anderson and Ross Perot were never at 15% in the polls in September, and the only polls that count for debate inclusion are in September of presidential years. Perot did very well in the polls in June 1992, but then in mid-July 1992, he dropped out of the race. He re-entered the race on October 1, 1992, but his best poll showing that month was 7%. Similarly, John Anderson was never as high as 15% in September 1980. It is true, however, that George Wallace was above 15% in September 1968. But that was over a half-century ago.
The decision is by Judge A. Raymond Randolph, a Bush Sr. appointee. It is also signed by Judge Cornelia Pillard, an Obama appointee; and Gregory Katsas, a Trump appointee. Thanks to Darryl Perry for the news.
