The DISCLOSE Act, unlike BCRA (in section 403), does not provide for a fast track appeal to the Supreme Court. (Sec. 501 of the Senate version.) Instead, those who seek to challenge the constitutionality of the Act’s provisions will have to rely on the lower court’s obligation to “expedite” consideration of their claims.
Category: Const Law Issues
Express advocacy: why should courts and the FEC have all the fun?
The DISCLOSE Act doesn’t seem to directly define “express advocacy”; it amends the definition of “independent expenditure” in 2 USC 431(17) to provide that the term means an expenditure by a person that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express […]
Schumer-Van Hollen response to CU: announce tomorrow, pass by July 4th?
According to a media advisory I received (see below), Senator Schumer and others will announce the legislative response to Citizens United on the Supreme Court grounds tomorrow morning at 10 a.m. A House-side event is scheduled for the afternoon. I won’t be able to attend but I look forward to reading the long-awaited bill. * […]