Decided
Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett
Consolidated with McComish v. Bennett (10-239)
Holding
Arizona's matching funds scheme, which provides additional funds to a publicly funded candidate when expenditures by a privately financed candidate and independent groups exceed the funding initially allotted to the publicly financed candidate, substantially burdens political speech and is not sufficiently justified by a compelling interest to survive First Amendment scrutiny.
Judgment
Reversed, 5-4, in an opinion by John Roberts on Jun 27, 2011. Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.
Merits Briefs
- Brief of petitioners Arizona Free Enterprise Club’s Freedom Club PAC et al.
- Brief of state respondents
- Brief of respondent Clean Elections Institute, Inc.
- Reply brief for petitioner Arizona Free Enterprise Club’s Freedom Club PAC et al.
Amicus Briefs
- Brief for the Yankee Institute for Public Policy in support of petitioner
- Brief for the Justice and Freedom Fund in support of petitioner
- Brief for the Center for Competitive Politics in support of petitioner
- Brief for Gun Owners of America, Inc. et al. in support of petitioners
- Brief for Former Officials of the American Civil Liberties Union in support of respondent
- Brief for the CATO Institute in support of petitioner
- Brief for Four Former Chairmen and One Former Commissioner for the Federal Election Commission in support of petitioner
- Brief for Mitch McConnell, United States Senator in support of petitioner
- Brief for the United States in support of respondent
- Brief for the Center for Government Studies in support of respondent
- Brief for Anthony Corrado et al. in support of respondent
- Brief for Constitutional Scholars in support of respondent
- Brief for the for Reform Judaism in support of respondent
- Brief for Self-Financing Candidates Congressman Bill Foster (Ret.) et al. in support of respondent
- Brief of Former Elected Officials in support of respondent
- Brief for Professors of Constitutional and Election Law in support of respondents
- Brief of Service Employees International Union in Support of Respondent
- Brief for Maine Citizens for Clean Elections, Lawrence Bliss, Pamela Jabar Trinward, Andrew O’Brien, and David Van Wie in Support of Respondent
- Brief for Costas Panagopoulos, Ph.D., Ryan D. Enos, Ph.D., Conor M. Dowling, Ph.D. and Anthony Fowler in Support of Respondent
- Brief for the Campaign Legal Center, Democracy 21, the League of Women
Voters of the United States, League Of Women Voters of Arizona, Public Citizen, Citizens for Responsibility and Ethics in Washington, the New Jersey Appleseed Public Interest Law Center and the Sierra Club in Support of Respondent - Brief for the Committee for Economic Development in Support of Respondents
- Brief of the States of Iowa, Connecticut, Maryland, New Mexico, and Vermont in Support of Respondent
- Municipal Brief for Respondents
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Related Coverage
Aug 17, 2010Petition for a writ of certiorari filed. (Response due September 20, 2010)
Aug 23, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for respondent Clean Elections Institute, Inc. VIDED.
Aug 23, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for Freedom Club PAC petitioners. VIDED.
Aug 23, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for petitioners John McCormish, Nancy McLain, and Tony Bouie. VIDED.
Aug 24, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for Ken Bennett, et al. (State Respondents). VIDED.
Aug 24, 2010Waiver of right of respondents John McComish, et al. to respond filed.
Aug 25, 2010Order extending time to file response to petition to and including October 20, 2010.
Sep 16, 2010Brief amicus curiae of Cato Institute filed. VIDED.
Sep 16, 2010Brief amicus curiae of Center for Competitive Politics filed. VIDED.
Oct 19, 2010Brief of respondent Clean Elections Institute, Inc. in opposition filed. VIDED.
Oct 19, 2010Brief of respondents Ken Bennett, in His Official Capacity as Arizona Secretary of State, et al. in opposition filed. VIDED.
Oct 29, 2010Reply of petitioners Arizona Free Enterprise Club, et al. filed. (Distributed)
Nov 1, 2010DISTRIBUTED for Conference of November 23, 2010.
Nov 29, 2010Petition GRANTED. The petition for certiorari in No. 10-239 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument.
Dec 13, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Arizona Free Enterprise Club's Freedom Club. VIDED.
Dec 23, 2010SET FOR ARGUMENT ON Monday, March 28, 2011,
Jan 6, 2011Consent to the filing of amicus curiae briefs, in support of either party or of netiher party, received from counsel for respondents Ken Bennett, et al. VIDED.
Jan 6, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Clean Elections Institute. VIDED.
Jan 6, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners John McComish, Nancy McLain, and Tony Bouie. VIDED.
Jan 12, 2011Brief of petitioners in No.10-239 John McComish, et al. filed. VIDED.
Jan 13, 2011Brief of petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al. filed. VIDED.
Jan 13, 2011Joint appendix filed (4 volumes). Statement of costs filed. VIDED.
Jan 14, 2011Joint motion for divided argument filed by petitioners. VIDED.
Jan 18, 2011Brief amicus curiae of Center for Competitive Politics filed. VIDED.
Jan 19, 2011Brief amicus curiae of Yankee Institute for Public Policy filed. VIDED.
Jan 19, 2011Brief amicus curiae of Justice and Freedom Fund filed. VIDED.
Jan 20, 2011Brief amici curiae of Four Former Chairmen and One Former Commissioner of the Federal Election Commission filed. VIDED.
Jan 20, 2011Brief amicus curiae of Cato Institute filed. VIDED.
Jan 20, 2011Brief amici curiae of Mitch McConnell filed.
Jan 20, 2011Brief amici curiae of Gun Owners of America, Inc., et al. filed. (Distributed)
Jan 25, 2011CIRCULATED.
Feb 2, 2011Record received from U.S.C.A. for 9th Circuit. (1 Box)
Feb 2, 2011Record from U.S.D.C. for the District of Arizona is electronic.
Feb 11, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Feb 14, 2011Brief of respondent Clean Elections Institute, Inc. filed. VIDED. (Distributed)
Feb 14, 2011Brief of respondents Ken Bennett, et al. filed. VIDED. (Distributed)
Feb 15, 2011Brief amici curiae of Former Officials of the American Civil Liberties Union filed. VIDED. (Distributed)
Feb 17, 2011Brief amicus curiae of Center for Governmental Studies filed. VIDED. (Distributed)
Feb 18, 2011Brief amicus curiae of Union for Reform Judaism filed. VIDED. (Distributed)
Feb 18, 2011Brief amici curiae of Constitutional Scholars filed. VIDED. (Distributed)
Feb 22, 2011Brief amicus curiae of the United States filed. VIDED. (Distributed)
Feb 22, 2011Brief amicus curiae of Committee for Economic Development filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Former Elected Officials filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Anthony Corrado, et al. filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Self-Financing Candidates Congressman Bill Foster (Ret.), et al. filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Justice at Stake, et al. filed. (Distributed)
Feb 22, 2011Brief amici curiae of Maine Citizens for Clean Elections, et al. filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Professors of Constitutional and Election Law filed. VIDED. (Distributed)
Feb 22, 2011Brief amicus curiae of Service Employees International Union filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Iowa, et al. filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Costas Panagopoulos, et al. filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (Distributed)
Feb 22, 2011Brief amici curiae of Municipal Amici New York City, et al. filed. VIDED. (Distributed)
Mar 15, 2011Reply of petitioners John McComish, et al. filed. VIDED. (Distributed)
Mar 16, 2011Reply of petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al. filed. VIDED. (Distributed)
Mar 18, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Mar 18, 2011Motion for divided argument filed by petitioners DENIED.
Mar 28, 2011Argued. For petitioners: William R. Maurer, Seattle, Wash. For respondents: Bradley S. Phillips, Los Angeles, Cal.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 27, 2011Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
Jul 29, 2011JUDGMENT ISSUED.
Recommended Citation: Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, SCOTUSblog, https://www.scotusblog.com/cases/arizona-free-enterprise-clubs-freedom-club-pac-v-bennett/