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Decided

Citizens United v. Federal Election Commission

Docket No.08-205
ArgumentSep 9, 2009

Holding

Political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections. While corporations or unions may not give money directly to campaigns, they may seek to persuade the voting public through other means, including ads, especially where these ads were not broadcast.

Judgment

Reversed, 5-4, in an opinion by Anthony McLeod Kennedy on Jan 21, 2010. in a 5-4 decision with an opinion written by Justice Kennedy. Justice Stevens dissented, joined by Justices Ginsburg, Breyer, and Sotomayor.

Supplemental Merits Briefs

Supplemental Amicus Briefs

Neither party

Appellant

Appellee

Merits Briefs

Amicus Briefs

Cert Stage

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Proceedings & orders timeline

Aug 14, 2008
Statement as to jurisdiction filed. (Response due September 17, 2008)
Sep 10, 2008
Order extending time to file response to petition to and including October 17, 2008.
Sep 17, 2008
Brief amicus curiae of American Civil Rights Union filed.
Oct 17, 2008
Motion to dismiss or affirm filed by appellee Federal Election Commission.
Oct 24, 2008
Reply of appellant Citizens United filed. (Distributed)
Oct 29, 2008
DISTRIBUTED for Conference of November 14, 2008.
Nov 14, 2008
PROBABLE JURISDICTION NOTED.
Dec 5, 2008
Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the appellant.
Dec 11, 2008
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including January 8, 2009.
Dec 11, 2008
The time within which to file respondent's brief on the merits is extended to and including February 17, 2009.
Jan 8, 2009
Joint appendix filed. Statement of costs received.
Jan 8, 2009
Brief of appellant Citizens United filed.
Jan 12, 2009
Brief amicus curiae of Foundation for Free Expression filed.
Jan 14, 2009
Brief amicus curiae of Cato Institute filed.
Jan 15, 2009
Brief amicus curiae of Committee for Truth in Politics, Inc. filed.
Jan 15, 2009
Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
Jan 15, 2009
Brief amicus curiae of Institute for Justice filed.
Jan 15, 2009
Brief amicus curiae of National Rifle Association filed.
Jan 15, 2009
Brief amicus curiae of Alliance Defense Fund filed.
Jan 15, 2009
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed).
Jan 15, 2009
Brief amicus curiae of American Civil Rights Union filed.
Jan 15, 2009
Brief amicus curiae of Center for Competitive Politics filed.
Jan 26, 2009
SET FOR ARGUMENT ON Tuesday, March 24, 2009.
Jan 27, 2009
Record from the U.S.D.C. for the District of Columbia is electronically filed.
Jan 29, 2009
CIRCULATED.
Feb 3, 2009
Exhibits and CDs received from U.S.D.C. for the District of Columbia.
Feb 17, 2009
Brief of appellee Federal Election Commission filed. (Distributed)
Feb 23, 2009
Brief amici curiae of Center for Political Accountability, et al. filed. (Distributed)
Feb 24, 2009
Brief amici curiae of Senator John McCain, et al. filed. (Distributed)
Mar 17, 2009
Reply of appellant Citizens United, Appellant filed. (Distributed)
Mar 24, 2009
Argued. For appellant: Theodore B. Olson, Washington, D.C. For appellee: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D.C.
Jun 29, 2009
This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: For the proper disposition of this case, should the Court overrule either or both Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), and the part of McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003), which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, 2 U.S.C. §441b? The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, July 24, 2009. Amicus briefs, not to exceed 4,500 words, may be filed with the Clerk and served upon counsel to the parties by 2 p.m., Friday, July 31, 2009. Reply briefs, not to exceed 3,000 words, may be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, August 19, 2009. The case is set for oral argument at 10 a.m., Wednesday, September 9, 2009.
Jul 21, 2009
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the appellee.
Jul 23, 2009
Motion for divided argument filed by the Solicitor General.
Jul 24, 2009
Supplemental brief of appellant Citizens United, Appellant filed. (Distributed)
Jul 24, 2009
Supplemental brief of appellee Federal Election Commission filed. (Distributed)
Jul 24, 2009
Supplemental brief amicus curiae of Reporters Committee for Freedom of the Press in support of appellant filed. (Distributed)
Jul 28, 2009
Brief amici curiae of Seven Former Chairmen and One Former Commissioner of the Federal Election Commission in support of appellant filed. (Distributed)
Jul 29, 2009
Brief amicus curiae of Pacific Legal Foundation in support of appellant filed. (Distributed)
Jul 29, 2009
Brief amici curiae of Program on Corporations, Law and Democracy, et al. in support of appellee filed. (Distributed)
Jul 29, 2009
Brief amici curiae of Center for Political Accountability, et al. in support of appellee filed. (Distributed)
Jul 30, 2009
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the appellant.
Jul 31, 2009
Brief amicus curiae of Chamber of Commerce of the United States of America in support of appellant filed. (Distributed).
Jul 31, 2009
Brief amicus curiae of American Civil Liberties Union in support of the appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Independent Sector in support of neither party filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Montana, et al. in support of neither party filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Former Officials of the American Civil Liberties Union in support of neither party filed. (Distributed)
Jul 31, 2009
Brief amici curiae of California Broadcasters Association, et al. in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amici curiae of American Justice Partnership, et al. in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Institute for Justice in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Center for Competitive Politics in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Campaign Finance Scholars in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Fidelis Center for Law and Policy, et al. filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Alliance Defense Fund in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Senator Mitch McConnell in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Center for Constitutional Jurisprudence in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of National Rifle Association in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Michigan Chamber of Commerce in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of California First Amendment Coalition in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Cato Institute in suport of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of American Civil Rights Union in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Wyoming Liberty Group, et al. in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Free Speech Defense and Education Fund, Inc., et al., in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Hachette Book Group, Inc., et al. in support of neither party filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations in support of appellant filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Committee for Economic Development in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Center for Independent Media, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Representatives Chris Van Hollen, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Norman Ornstein, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Justice at Stake, et al. in support of the appellee filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Democratic National Committee in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Sunlight Foundation, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Campaign Legal Center, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of League of Women Voters of the United States, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of Public Good in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amici curiae of Senator John McCain, et al. in support of appellee filed. (Distributed)
Jul 31, 2009
Brief amicus curiae of American Independent Business Alliance in support of appellee filed. (Distributed)
Jul 31, 2009
Motion of Senator Mitch McConnell for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 31, 2009
Brief amicus curiae of Judicial Watch, Inc. in support of appellant filed.
Aug 3, 2009
Opposition of appellant to motion of Senator McConnell for divided argument.
Aug 10, 2009
SET FOR REARGUMENT ON Wednesday, September 9, 2009.
Aug 17, 2009
Motion of Senator Mitch McConnell for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Aug 17, 2009
Motion for divided argument filed by the Solicitor General GRANTED. A total of 80 minutes is allocated for oral argument and the time is divided as follows: 30 minutes to appellant, 10 minutes to Senator Mitch McConnell, 30 minutes to appellee, and 10 minutes to Senator John McCain, et al.
Aug 18, 2009
Motion of Wyoming Liberty Group, et al. in support of appellant for leave to participate in oral argument as amici curiae and for divided argument filed.
Aug 19, 2009
Supplemental reply of appellant Citizens United, Appellant filed. (Distributed)
Aug 19, 2009
Supplemental reply of appellee Federal Election Commission filed. (Distributed)
Sep 4, 2009
Motion of Wyoming Liberty Group, et al. in support of appellant for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Sep 9, 2009
Argued. For appellant: Theodore B. Olson, Washington, D.C.; and Floyd Abrams, New York, N.Y., for Senator McConnell. For appellee: Elena Kagan, Solicitor General, Department of Justice, Washington, D.C., and Seth P. Waxman, Washington, D.C. for Senator McCain, et al.
Jan 21, 2010
Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia and Alito, JJ., joined, in which Thomas, J., joined as to all but Part IV, and in which Stevens, Ginsburg, Breyer, and Sotomayor, JJ., joined as to Part IV. Roberts, C. J., filed a concurring opinion, in which Alito, J., joined. Scalia, J., filed a concurring opinion, in which Alito, J., joined, and in which Thomas, J., joined in part. Stevens, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part.
Feb 22, 2010
JUDGMENT ISSUED.
Mar 30, 2010
Exhibits & CS's returned to U.S.D.C. for District of Columbia.

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