McComish v. Bennett
Consolidated with Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (10-238)
Holding
Arizona’s matching funds scheme, which provides additional funds to a publicly funded candidate when expenditures by a privately financed candidate and independent groups exceed the funding initially allotted to the publicly financed candidate, substantially burdens political speech and is not sufficiently justified by a compelling interest to survive First Amendment scrutiny.
Judgment
Reversed, 5-4, in an opinion by John Roberts on Jun 27, 2011. Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.
Merits Briefs
- Brief for Petitioners John McComish, Nancy McCain, and Tony Bouie
- Brief of State Respondents
- Brief of Respondent Clean Elections Institute, Inc.
- Reply Brief of Petitioners
Amicus Briefs
- Brief for the Yankee Institute for Public Policy in Support of Petitioner
- Brief for the Justice and Freedom Fund in Support of Petitioner
- Brief for the Center for Competitive Politics in Support of Petitioner
- Brief for Gun Owners of America, Inc., Gun Owners Foundation, Citizens United, Citizens United Foundation, U.S. Justice Foundation, Arizona State Chapter of the Association of Physicians and Surgeons, Institute on the Constitution, DownsizeDC.org, Inc., Downsize DC Foundation, Campaign for Liberty, Conservative Legal Defense and Education Fund, Policy Analysis Center, the Lincoln Institute for Research and Education, Constitution Party National Committee, and Public Advocate of the United States in Support of Petitioners
- Brief for Former Officials of the American Civil Liberties Union in Support of Respondent
- Brief for the CATO Institution in Support of Petitioner
- Brief for Four Former Chairmen and One Former Commissioner for the Federal Election Commission in Support of Petitioner
- Brief for Mitch McConnell, United States Senator in Support of Petitioner
- Brief for the Wyoming Liberty Group in Support of Petitioner (in 10-239 only)
- Brief for the United States in Support of Respondent
- Brief for the Center for Government Studies in Support of Respondent
- Brief for Anthony Corrado, Thomas Mann, and Norman Ornstein in Support of Respondent
- Brief for Constitutional Scholars in Support of Respondent
- Brief for the for Reform Judaism in Support of Respondent
- Self-Financing Candidates Congressman Bill Foster (Ret.), Congressman Alan Grayson (Ret.), Congressman Steve Kagen (Ret.), Governor Angus King (Ret.), Ned Lamont, Congressman Walt Minnick (Ret.), Congressman Jared Polis, and Congressman John Yarmuth in Support of Respondent
- Brief of Former Elected Officials in Support of Respondent
- Brief for Professors of Constitutional and Election Law in Support of Respondents
- Brief of Service Employees International Union in Support of Respondent
- Brief for Maine Citizens for Clean Elections, Lawrence Bliss, Pamela Jabar Trinward, Andrew O’Brien, and David Van Wie in Support of Respondent
- Brief for Costas Panagopoulos, Ph.D., Ryan D. Enos, Ph.D., Conor M. Dowling, Ph.D. and Anthony Fowler in Support of Respondent
- Brief for Justice at Stake, 13 Former Chief Justice and Justices, and One Former Trial Judge in Support of Respondents (in 10-239 only)
- Brief for the Campaign Legal Center, Democracy 21, the League of Women
Voters of the United States, League Of Women Voters of Arizona, Public Citizen, Citizens for Responsibility and Ethics in Washington, the New Jersey Appleseed Public Interest Law Center and the Sierra Club in Support of Respondent - Brief for the Committee for Economic Development in Support of Respondents
- Brief of the States of Iowa, Connecticut, Maryland, New Mexico, and Vermont in Support of Respondent
- Municipal Brief for Respondents
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Recommended Citation: McComish v. Bennett, SCOTUSblog, https://www.scotusblog.com/cases/mccomish-v-bennett/