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Montanans for Community Development v. Jeffrey A. Mangan, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-35997 · judgment May 22, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

In Buckley v. Valeo, 424 U.S. 1 (1976), this Court held that the First Amendment allows government to impose political-committee (“PAC”) status, with its entity-based burdens, only on “organizations ... under the control of a candidate or the major purpose of which is the nomination or election of a candidate,” id. at 79 (emphasis added), to prevent “burdens ... certain to deter ... independent political speech,” id. at 75 (citation omitted). This speech-chilling problem arose because “‘political committee’ [wa]s defined only in terms of the amount of annual ‘contributions’ and ‘expenditures’” by the entity as Montana does, id. at 79, imposing entitybased burdens, not just activity-based reports. This Court has repeatedly reaffirmed that test and recently declared entity-based burdens triggered by PAC-status “expensive,” “extensive,” and “onerous.” Citizens United v. FEC, 558 U.S. 310, 335-39 (2010). Montana imposes PAC-status without the majorpurpose test, based only on a group’s expenditure of just $251 or more on political speech. In a nonprecedential opinion, the Ninth Circuit rejected the majorpurpose test in state elections, creating a 5-4 Circuit split on the constitutional requirement for the test. And the court below denied a motion for publication, which would have made its opinion precedential, creating private law for Petitioner but not others. Petitioner presents two issues for review:

  1. Whether states are barred by the First Amendment of the U.S. Constitution from imposing PAC-status, with its resulting entity-based burdens, on groups lacking Buckley’s “major purpose.”

  2. Whether declaring an opinion “not precedent” (i)

Counsel of record

For petitioner
James Bopp Jr.
The Bopp Law Firm, PC

For respondent
Dale Michael Schowengerdt
Landmark Law, PLLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 17 2019
    Reply of petitioner Montanans for Community Development filed.
  4. Jan 09 2019
    Brief of respondents Jeffrey A. Mangan, et al. in opposition filed.
  5. Dec 04 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2019.
  6. Nov 28 2018
    Motion to extend the time to file a response from December 10, 2018 to January 9, 2019, submitted to The Clerk.
  7. Nov 08 2018
    Response Requested. (Due December 10, 2018)
  8. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  9. Oct 24 2018
    Brief amici curiae of Institute for Free Speech, et al. filed.
  10. Oct 23 2018
    Waiver of right of respondents Jeffrey A. Mangan, et al. to respond filed.
  11. Sep 20 2018
    Petition for a writ of certiorari filed. (Response due October 24, 2018)