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Citizens United v. Federal Election Commission (docket #: 07-953) (2009)

Argument Date 09/09/2009
Decided 06/29/2009
Note Though the case was argued on 3/24/09, on the last day of its 2008-2009 Term, the Court ordered the case to be reargued for a special session. The Court asked the parties to brief the isssue of whether Austin v. Michigan (1990) should be overruled.
Issue(1) Whether the Court has jurisdiction to hear this appeal in light of a federal law allowing a direct appeal to the Justices "in any civil action, suit or proceeding required by an act of Congress to be heard and determined by a district court of three judges." (2) Whether restrictions on broadcast of ads to promote a critical campaign film about presidential candidate Hillary Rodham Clinton violate the First Amendment.
Certiorari Granted 11/14/2008
Lower Court District Court for the District of Washington (3-judge panel)
Lower Court Ruling First Amendment claim denied.
Oral Arguments transcript
For Petitioner
Theodore Olson

For Respondent
Solicitor General Elena Kagan

For Petitioner
Supplemental Brief

For Respondent
Supplemental Brief

For United States
Solicitor General's Motion for Divided Argument

For Amicus
Brief Amici Curiae of Seven Former Chairmen & One Former Commissioner of the Federal Election Commission

Tony Mauro Analysis
"Delay in 'Hillary' case scares campaign reformists"

"Court focuses skeptical eye on McCain-Feingold" (03/25/09)

'Hillary movie:' campaign-finance victim? (11-17-08)

Opinion - Lower Court
Citizens United v. Federal Election Commission (D.C. Dist. Ct, 3-judge panel, 2008)

AP, "Anti-Hillary dispute to be re-heard" (06/29/09)

AP, "Court hears dispute over 'Hillary' movie" (03/24/09)

"Briefing set on Citizens United rehearing" (SCOTUSblog) (06/29/09)

Lyle Denniston, "Analysis: Campaign films may get OK" (SCOTUSblog, March 24, 2009)

SCOTUSblog (merit & amicus briefs)

SCOTUSblog, "New briefs ordered in campaign ad case" (2/29/08)

SCOTUSblog, "Swift ruling sought on campaign ads" (01/22/08)

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