McCutcheon v FEC: Tuesday We Should Know Whether SCOTUS Grants Review

According to Lyle Denniston at SCOTUSblog here. The Court was scheduled to vote on whether to accept McCutcheon and another major campaign finance case, Danielczyk, today. McCutcheon is a challenge to federal aggregate contribution limits on a rare direct appeal from a three-judge district court. Danielczyk is a challenge to the ban on corporate direct contributions to candidates. I believe the Court will grant argument and briefing in McCutcheon, because the district court opinion is badly flawed and contrary to the Supreme Court’s rulings with respect to cognizable “corruption.” If the Court doesn’t take this case, the disposition will have precedential value because it’s on direct appeal, not a petition for cert, which is entirely discretionary. [Disclosure: I am part of the legal team serving as Of Counsel to plaintiff McCutcheon]

Prof. Rick Hasen predicts the Court will take McCutcheon but not Danielczyk. I’m not so sure they will refuse Danielczyk (and neither is he, as he states).

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