Comments on: UPDATE: Court refuses to speed election case

By: Marc Shepherd

Marc Shepherd — Tue, 16 May 2006 12:56:53 +0000

The “bait and switch” argument seems to me illusory. If the Court finds the issue worthy of consideration, surely it would be accepted as a live controversy, under the “capable of repetition, yet evading review” exception to the usual mootness rules.

By: federalist

federalist — Tue, 16 May 2006 05:08:11 +0000

It is stunning that this is even an issue at all. Some people want to broadcast ads putting pressure on an elected official, and a law says that they cannot. I guess “Congress shall make no law . . . .” doesn’t mean what it says. Accepting certain bans of political speech and banning the death penalty for juveniles because the state cannot keep them from finding out what kind of person they are going to be. Nice handiwork for an out-of-control Supreme Court.

By: jboppjr

jboppjr — Mon, 15 May 2006 20:38:07 +0000

Actually the “bait and switch” is much worse that Lyle reports. The FEC and McCain Intervenors in the Wisc case have argued that the case in the district court should be dismissed, because the issue of the 2004 broadcast ads is now moot and the issue of future ads is too speculative. Thus, the “bait” to the Supreme Court is that they should “allow it (the case) to proceed further in the District Court” by denying the expedited appeal and the “switch” is that they will then argue in the district court (as they have done in Wisc) that the case should be dismissed. Thus all as-applied challengers to the electioneering communication will be in “an endless loop” — (1) the preliminary injunction will be denied because of the pac option, (2) the appeal of the pi will not be expedited because the FEC objects, (3) the appeal will then be moot, because the vote in Congress will have taken place, and (4) then the district court case will be dismissed because the issue of future ads is not ripe. This would guarentee that the issue is never reached on the merits, but it depends on the Supreme Court taking the “bait,” so that the FEC can “switch.”