Update on MT case and the prospect of CU 2

BREAKING NEWS. With apologies for invading your weekend, I just wanted to share a quick note that the Supreme Court granted a stay of the Montana Supreme Court’s December 2011 decision upholding a state ban on corporate political activity. The Montana decision failed to follow the Court’s holding in CU. Justices Ginsburg and Breyer invite cert to consider whether “Citizens United should continue to hold sway.” Could that read, whether “the First Amendment should continue to hold sway”? Stay tuned.


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