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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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