Finance case

Analysis By now, especially in the wake of the Finance case United decision nearly four years ago, no one can seriously doubt that the Court may once again decide to act boldly in declaring the current constitutional law of campaign finance.

Donor McCutcheon is willing to, and does, obey the current base limits, but he wants to donate more than the aggregate ceilings allow. The Court is being asked to give donors Finance case same full protection that spenders get under the First Amendment.

The net capital rule was adopted to provide safeguards for public investors by setting standards of financial responsibility to be met by broker-dealers and requires a broker-dealer to have at all times sufficient liquid assets to cover its current indebtedness.

Prior to that it was able to obtain practically next-to-zero haircuts as its trades were considered safe by its lenders. These include the following: Valeo based upon the concept of stare decisis.

The size of the haircut depends on the riskiness and liquidity of the security offered as collateral.

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The McCutcheon brief, for example, argued: Valeo, the two briefs contended, Congress since then has changed federal law so that circumvention is simply no longer possible, and that suggested scenarios for evasion of the limits are fanciful and unlikely ever to actually occur.

The Court is being asked to give donors the same full protection that spenders get under the First Amendment. But there are abundant opportunities in this new case to go back to core understandings, and start over.

Current Relists Conference of November 16, Andersen v.

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No lawmaker has proposed such a plan. In his post, Steinbaum addressed two possible criticisms: How can those risks be addressed? But the abiding question, as this new opportunity for starting over arises, is whether Kennedy can once again assemble a five-Justice majority for such a constitutional project.

That amici gap has been filled at the merits briefing stage. Ten years ago, and more recently, the FEC contended, the Court declined to revisit the distinction drawn by the decision — and Chief Justice John G. There were no amici briefs filed at this early stage of the case — unusual for a case of such seemingly great potential for changing a major field of constitutional law.

The bottom line of the government motion was that the Court should either summarily uphold the district court ruling, and thus the aggregate limits, or else dismiss the case as failing to raise a substantial federal question.

Valeo, and noting that the Supreme Court had relied upon that distinction also in more recent campaign finance rulings. Valeo and its holdings. The bottom line of the government motion was that the Court should either summarily uphold the district court ruling, and thus the aggregate limits, or else dismiss the case as failing to raise a substantial federal question.

This reasoning provided the basis for asking the Court to treat aggregate limits as if they were, in practice, expenditure limits that cannot survive constitutional review. The formula, put simply, is that those who contribute money to candidates or political committees get less protection for their activity than those who spend money directly to try to influence election outcomes.

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Oct 05,  · At 10 a.m. Tuesday, the Supreme Court will hold one hour of oral argument on the latest constitutional dispute over campaign finance — this time, the constitutionality of federal ceilings on donations to political candidates or parties.

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Finance case
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