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Donna Patrick, et al. v. The Alaska Public Offices Commission

Paid petition · Supreme Court of Alaska, No. S-17649 · judgment September 3, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Petitioners are Alaskan citizens who challenged the Alaska Public Offices Commission’s (“APOC’s”) refusal to enforce Alaskan law regulating contributions to independent political action committees. APOC had defended its refusal on the basis of federal circuit court rulings that held such regulations violate the First Amendment. Petitioners had asked the Alaska courts to consider the original meaning of the First Amendment, to conclude that a majority of this Court would not affirm those circuit court decisions. The Alaska Supreme Court rejected the relevance of any argument from originalism and upheld APOC’s refusal. The question presented in this petition is whether this Court should grant certiorari, vacate the judgment below, and remand (“GVR”) with instructions to weigh the arguments from originalism in determining whether the First Amendment permits the regulation of contributions to independent political action committees.

Counsel of record

For petitioner
Lawrence Lessig

For respondent
Laura Frances Fox
State of Alaska Department of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 08 2021
    Waiver of right of respondent The Alaska Public Offices Commission to respond filed.
  4. Dec 02 2021
    Petition for a writ of certiorari filed. (Response due January 3, 2022)