[Lnc-business] Suing the FEC...again

[Nicholas Sarwark]

On Mon, Nov 10, 2014 at 11:16 PM, Scott L. <scott73 at earthlink.net> wrote:
>
>
> Mr. Chair:
>
>
>
> How much is the new bequest for?
>
At least $50K, but probably closer to $250K.  The exact amount depends
on the sale of assets from the estate and some other things.

>
>
> Which court found that the issue was moot?
>

D.C. District court heard the evidence, D.C. Circuit found that the
certified question was moot, as I understand it.

>
>
> What is your  **estimated** likelihood that the ultimate deciding court will
> decide in our favor?
>

Pretty good.  The Federal courts are leaning toward knocking down
contribution limits, see, e.g., McCutcheon (
http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/
) that invalidated the aggregate limit for an individual to multiple
committees.

Alan Gura, who you may also know argued and won D.C. v. Heller (
http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller ), wants
to bring this follow-up suit because we have a good chance to fix the
law in this area.  There is also little downside, since the worst
outcome is that the current annual limits are upheld with regard to
bequests, which is where we are now.
>
>
> Given our failure to obtain the correct decision in our recent ballot access
> case in Ohio, I am very skeptical that any judge hearing any  lawsuit
> brought by the Libertarian Party or any of its state affiliates will decide
> that case based on the facts of the case or on the law.
>
>
As mentioned above, campaign finance law has been moving in our
direction in a way that ballot access law has not.

-Nick