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7th Circuit enjoins limits on 'super' PAC contributions

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A prominent Terre Haute attorney known for his work challenging campaign finance laws and regulations scored another legal victory after the 7th Circuit Court of Appeals enjoined state limits on contributions to what’s known as "super" political action committees.

Jim Bopp represents the Wisconsin Right to Life State Political Action Committee, which wants to contribute money to campaigns before the upcoming Wisconsin special-general elections this month. It describes these contributions as "political speech." Bopp argued the state shouldn’t be able to prohibit these independent contributions.

On Monday, a three-judge appellate panel stopped Wisconsin from trying to enforce money limits received by all types of PACs, including those “super PACs” born after the landmark ruling last year in Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010). That decision allowed for unlimited contributions by corporations, unions, individuals, and private groups for political campaigns, and it effectively lifted many of the spending and contribution limits that had been in place for years federally and in states. Direct contributions and coordination from candidates and political parties is still prohibited, and the donors don’t have to be disclosed.

The four-page order issued by Circuit Judges David F. Hamilton, Daniel Manion, and Ilana Diamond Rovner found the Wisconsin super PAC demonstrated that it’s reasonably likely to succeed on the merits and that a pending Wisconsin Supreme Court case likely won’t resolve the constitutionality of the state law applied to the super PAC.

“Regardless of whether the Wisconsin Supreme Court upholds (Wis. Admin. Code GAB) §1.28, the aggregate contribution limit will apply to contributions WRTL-SPAC receives,” the order states, referring to similar holdings in the District of Columbia, and 4th and 9th Circuits.

With that, the federal panel granted an injunction against Wisconsin – and effectively other states that may try to impose similar limits on PACs – from enforcing a total contribution limit “on any non-coordinated expenditures by individuals or committees.” In this case, that limit was $10,000.

The judges also expedited the appeal, given the special elections are Aug. 9 and 16. The parties have until the first week of September to finish their briefing, and no extensions will be allowed without any extraordinary and unforeseen circumstances. Oral arguments are planned for the week of either Sept. 12 or 19, the order says.

“This is a victory for free speech by super PACs,” said Bopp, with law firm Bopp, Coleson & Bostrom. “It’s flatly unconstitutional to limit contributions to political committees.”
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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