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David Thompson, et al. v. Heather Hebdon, Executive Director of the Alaska Public Offices Commission, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35019 · judgment November 27, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Alaska is a large and sparsely populated state whose unique geography poses distinct and expensive challenges for candidates for elected office. Yet Alaska has some of the lowest campaign contribution limits in the country: It allows individuals to contribute only $500 per year to any candidate for any office, or to any group other than a political party. Alaska Stat. §15.13.070(b)(1). Not only are those limits lower than those of all but three other states; they are significantly lower than any contribution limit this Court has ever upheld. In fact, adjusting for inflation (something Alaska law does not do), those limits are lower than the limits this Court struck down under the First Amendment in Randall v. Sorrell, 548 U.S. 230 (2006). In the decision below, a Ninth Circuit panel upheld those limits—but only because it considered that result “compelled by” circuit precedent that predates several of this Court’s most recent campaign finance decisions. The panel openly acknowledged that the Ninth Circuit’s campaign finance jurisprudence is in tension with this Court’s decisions. Indeed, the panel suggested that Alaska’s limits might fail under the test applied by a plurality of this Court in Randall. But the panel viewed itself as bound to ignore the plurality’s guidance in favor of Ninth Circuit precedent that predated it. The question presented is: Whether Alaska’s $500 individual-to-candidate and individual-to-group contribution limits violate the First Amendment.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Laura Frances Fox
Alaska Department of Law
Proceedings
- Dec 27 2019JUDGMENT ISSUED.
- Nov 25 2019The petition for a writ of certiorari is granted, the judgment of the Court of Appeals is vacated, and the case is remanded for that court to revisit whether Alaska's contribution limits are consistent with our First Amendment precedents. Opinion per curiam. (Detached Opinion) Statement of Justice Ginsburg. (Detached Opinion)
- Nov 18 2019DISTRIBUTED for Conference of 11/22/2019.
- Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
- Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
- Oct 09 2019DISTRIBUTED for Conference of 11/1/2019.
- Oct 09 2019Reply of petitioners David Thompson, et al. filed. (Distributed)
- Sep 25 2019Brief of respondents Heather Hebdon, et al. in opposition filed.
- Aug 26 2019Brief amici curiae of The National Republican Senatorial Committee, et al. filed.
- Aug 26 2019Brief amici curiae of Cato Institute and the Institute for Justice filed.
- Aug 26 2019Brief amicus curiae of Institute for Free Speech filed.
- Aug 16 2019Motion to extend the time to file a response is granted and the time is extended to and including September 25, 2019.
- Aug 15 2019Letter of August 8, 2019, regarding substitution of parties under Rule 35 received from counsel for the respondents.
- Aug 13 2019Motion to extend the time to file a response from August 26, 2019 to September 25, 2019, submitted to The Clerk.
- Jul 22 2019Petition for a writ of certiorari filed. (Response due August 26, 2019)
- Jun 06 2019Application (18A1132) granted by Justice Kagan extending the time to file until July 20, 2019.
- Jun 05 2019Application (18A1132) to extend further the time from June 20, 2019 to July 20, 2019, submitted to Justice Kagan.
- May 03 2019Application (18A1132) granted by Justice Kagan extending the time to file until June 20, 2019.
- May 02 2019Application (18A1132) to extend the time to file a petition for a writ of certiorari from May 21, 2019 to June 20, 2019, submitted to Justice Kagan.