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09-cv-764 Wisconsin Right to Life Political Action Committee v. Brennan

By: WISCONSIN LAW JOURNAL STAFF//April 1, 2011//

09-cv-764 Wisconsin Right to Life Political Action Committee v. Brennan

By: WISCONSIN LAW JOURNAL STAFF//April 1, 2011//

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United States District Court
CIVIL OPINION
Constitutional Law
First Amendment; public financing

The Impartial Justice Act is constitutional, because of the State’s compelling interest in avoiding the perception of bias.

“The possibility of an asymmetrical grant of supplemental funds to a candidate triggered by independent expenditures expressly for an opponent or against the candidate makes this a close question in light of the Supreme Court’s decision in Davis v. Federal Election Commission, 128 S. Ct. 2759, 2768 (2008).

“Nevertheless, the likelihood of a triggering of supplemental funds by plaintiffs is remote and any arguable, limited impingement on plaintiffs’ First Amendment rights outweighed by Wisconsin’s compelling interest in the election of justices to its highest court free from an appearance of bias.”

“Here, the only speech even arguably impinged are independent expenditures expressly advocating the election or defeat of a clearly-identified candidate, which both historical and current records tell us is highly unlikely to reach the $360,000 trigger for the grant of matching funds under the Act — not only accounting for plaintiffs’ limited expenditures, but even if all other third-party expenditures of this kind are included.

Ultimately, the relationship between plaintiffs’ speech and the award of supplemental funding is too speculative, indirect and watered down to warrant the entry of an injunction, particularly with less than a week remaining before the election of a Wisconsin Supreme Court Justice in which both of the remaining candidates have elected public financing. In light of the State’s undeniable, compelling interest in avoiding a growing perception that the financing of elections of Wisconsin Supreme Court Justices is irreparably tainting them with an appearance of bias, this court will grant summary judgment to defendants and deny any injunctive relief.”

09-cv-764 Wisconsin Right to Life Political Action Committee v. Brennan
W.D.Wis., Conley, J.

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