Navigation Links
Supreme Court Surprises in Citizens United Montana Case, Delays Order
Date:6/18/2012

(PRWEB) June 18, 2012

The U.S. Supreme Court surprised most Court observers on Monday by delaying an order in a case involving the state of Montana and Citizens United, their controversial 2010 ruling that allows for virtually unlimited corporate spending in state elections.

The Court was expected by many to issue an immediate decision of “summary reversal” in the case American Tradititon Partnership v. Bullock that would uphold Citizens United and strike down a 2011 Montana court ruling that enforced that state’s anti-corruption election finance laws in seeming opposition to the federal mandate.

The Court still has three options available at its June 21 Conference: 1) summary reversal, 2) accepting the case for a full hearing later this year, or 3) refusing jurisdiction to make any decision about the case at all, in which event Montana would win immediately and their state laws would stand and Citizens United would be effectively reversed.

“Surprise, surprise. The Court may recognize that they don’t have the authority to summarily reverse,” said attorney Carl Mayer, counsel for The Eleventh Amendment Movement (TEAM, http://www.11thAmendment.org), a non-partisan group that filed an amicus “friend-of-the-court” brief in the case that argues that the Constitution’s 11th Amendment forbids the Court from taking jurisdiction in this case.

“The 11th Amendment jurisdictional issue may be giving the Court pause here, especially since all five pro-Citizens United justices have also strongly supported 11th Amendment state immunity from suit in similar cases,” reasoned Mr. Mayer, who has Supreme Court success and recently won an important constitutional victory in a federal court in New York that overturned a section of the National Defense Authorization Act (NDAA) that permitted indefinite detentions of citizens in the U.S. “It only takes one justice to do the right thing and again uphold the 11th Amendment to swing the Court to vote that it has no constitutional authority to hear this case, and they should refuse jurisdiction,” he explained.

Adam Furgatch, co-founder of TEAM, was encouraged at Monday’s announcement. “The Court knows a strong argument when they see it,” he said. “There hasn’t been one single legal commentator or law professor who has been able to find fault with the 11th Amendment argument.”

Mr. Furgatch added, “The Court can also simply reject the case on an 11th Amendment ‘technical error’ where the corporations’ attorney, James Bopp, Jr., blundered and submitted incorrect, rule-breaking documents which is fully argued in TEAM’s brief. A ruling only on the technical error would allow the Court to avoid political criticism and still uphold the Constitution, to their credit.”

Two 11th Amendment amicus briefs and a Summary may be viewed at TEAM’s website, LINK: http://www.11thamendment.org/2012/05/08/11th-amendment-supreme-court-briefs/

More 11th Amendment Background Information:

1. Huffington Post: http://www.huffingtonpost.com/charlie-cray/montana-citizens-united_b_1595141.html?utm_hp_ref=tw

2. Counterpunch: http://www.counterpunch.org/2012/06/11/montana-citizens-united-and-the-eleventh-amendment/

Case Citations from this story:

1. Citizens United v. FEC, 130 S.Ct. 876 (2010)

2. Petition for a Writ of Certiorari: American Tradition Partnership, Inc., fka Western Tradition Partnership, Inc., et al., Petitioners v. Steve Bullock, Attorney General of Montana, et al. – U.S. Supreme Court Docket # 11-1179

3. (NDAA) Hedges v. Obama, S.D.N.Y., Case No. 12-CV-331 (KBF)(Slip Opinion, May 16, 2012)

###

Contact: Adam Furgatch: 310-967-5854
adam@11thAmendment.org

Read the full story at http://www.prweb.com/releases/TEAM/montana/prweb9616451.htm.


'/>"/>
Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. America Awaits Supreme Courts Ruling on Health Care Reform
2. Stanford researchers discover the African cichlids noisy courtship ritual
3. Alex Galindo, Attorney and Partner at Curd, Galindo & Smith, LLP, Court Wins Against the County of Riverside's Motion to Dismiss Medical Malpractice Case
4. Infant Vaccination Delays Triple in Oregon: Study
5. Bascom Palmer Eye Institute announces breakthrough for degenerative vision disorder
6. Life Transitions May Trigger Eating Disorders
7. Underage Drinkers Can Easily Order Alcohol From the Internet
8. Sleep disordered breathing is associated with an increased risk of cancer mortality
9. LA BioMeds Dr. Patricia Dickson researching treatments for neurodegenerative disorders
10. Preteen Food Choices May Help Predict Eating Disorders Later
11. Ohio Mail-Order Hatchery Now Linked to Salmonella in 23 States
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:1/20/2017)... (PRWEB) , ... January 20, 2017 , ... Michael and ... Dana Farber Cancer Institute. For Betsy, the clinical trial has been life-saving as ... has not worsened. , Betsy Brauser was diagnosed with ovarian cancer in 2009. ...
(Date:1/20/2017)... New York, NY (PRWEB) , ... January 20, ... ... drinks – VW+ 001 and its sugar-free alternative VW+ 002. The drinks have ... the body with optimal conditions to perform during your workout. , After a ...
(Date:1/20/2017)... ... January 20, 2017 , ... “The Angel”: a heartwarming and earnest ... for each of his children. “The Angel” is the creation of published author, Marjorie ... York City, and impassioned writer. , When asked of her new book, Marjorie says, ...
(Date:1/20/2017)... ... ... fine examination of how God handles sin, including how to let go of lingering guilt ... over ten long years has been waiting to release this powerful insight about forgiveness that ... serving the Lord for over twenty years, and he has been preaching and teaching the ...
(Date:1/20/2017)... (PRWEB) , ... January 20, 2017 , ... “Christmas in ... creation of published author, Sara Seymour, who lives in Lafayette, Indiana where she works ... sips on iced coffees and writes. , Published by Christian Faith Publishing, Sara Seymour’s ...
Breaking Medicine News(10 mins):
(Date:1/19/2017)... James Gilbart , ... 2016;12(Suppl 2):3-8; http://www.touchoncology.com/articles/optimising-clinical-outcomes-gastrointestinal-cancers-through-inhibiting-angiogenesis-and ... ... recently in a supplement to European Oncology & ... article by James Gilbart and ...
(Date:1/19/2017)... -- ViewRay, Inc. (Nasdaq: VRAY) announced today that the German ... Germany , has purchased a MRIdian ... Clinic Heidelberg as part of its initiative for MRI-based ... be headed by Medical Director and Professor Jürgen Debus, ... German Cancer Research Center (DKFZ), the Heidelberg Heavy Ion ...
(Date:1/19/2017)... PALO ALTO, Calif. , Jan. 19, 2017 /PRNewswire/ ... scientific research, is excited to announce that the ... Project: Cancer Biology  (RP:CB) have been published in ... science, this project represents the first practical evaluation ... that result in reproducible studies. Unlike other assessments ...
Breaking Medicine Technology: