Thursday, June 23, 2011

Arizona Clean Elections In "The Final Four"; Opinion To Come Down On Monday

The eagerly-awaited U.S. Supreme Court opinion on a core of Arizona's Clean Elections campaign financing system will almost certainly be issued this coming Monday.  The Supreme Court issued six opinions earlier today, leaving only the Clean Elections case and three others to be decided.

The nine Justices traditionally adjourn at the end of June for the summer, and the 27th is the last scheduled day for handing down opinions; it would be highly unusual for the decision not to be announced Monday morning.  Opinions announced near the ends of Supreme Court terms are much more likely to be difficult, divided decisions, often with multiple concurring and dissenting opinions.

The twin cases of Arizona Free Enterprise Club v. Bennett and John McComish v. Bennett challenge the matching funds provisions of the Clean Elections law that was passed by Arizona voters in 1998.  The Supreme Court heard oral arguments on March 28.

The Supreme Court is just about at the end of its 2010-11 Term, and has not yet

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