Indiana attorney set for SCOTUS Wednesday

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A Terre Haute attorney is making his sixth argument before the nation's highest court Wednesday, but his first before the newest justice. This time he's there on a case that could ultimately change campaign-finance disclosure rules nationally.

During an hour-long argument scheduled to begin at 10 a.m. before the United States Supreme Court, lawyer Jim Bopp faces off against the state of Washington Attorney General's Office in the case of John Doe #1, et al. v. Sam Reed, Washington Secretary of State, et al., No. 09-559. The issue is whether the state's public-records disclosure law violates the First Amendment privacy rights of voters who sign petitions to launch a referendum aimed at overturning a law allowing same-sex domestic partnerships.

Arguing for the conservative group Protect Marriage Washington that brought the suit, Bopp is arguing those names should remain private. This case is one of several Bopp is handling nationally on the broader scope of campaign-finance rules, and the outcome could play into how contributors are allowed to donate to election campaigns and get involved in political issues.

The 9th Circuit Court of Appeals in California had reversed a decision from the District Court level, which had given the sponsors an injunction against the release of the names.

Bopp said he arrived in Washington, D.C., Monday evening and is participating in a moot court today at the conservative-focused American Center for Law & Justice. Aside from the merits of the case, Bopp said he is looking forward to arguing in front of the current nine justices, including Justice Sonya Sotomayor who was appointed to the bench last year. The last case he argued before the court was the 2007-decided case of Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007), in which the justices held that issue-specific ads may not be banned in the months preceding a primary or general election.

"I do think it'll be interesting," he said, wondering what difference he'll see without aggressive questioning by Justice David Souter, who strongly supported campaign-finance regulations. "I'm looking to see how the dynamics are different."

Justices are expected to issue a decision by the time the term ends in June.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.