Federal Judiciary

Briefing set on Citizens United rehear

By Akin Gump Supreme Court Practice Group

The Supreme Court on Monday afternoon ordered a schedule for filing new constitutional arguments when the case of Citizens United v. F.E.C. (08-205) is heard, before the opening of the new Term.  The rehearing itself will be at 10 a.m. on Sept. 9, nearly a month before the formal opening of the Term on Oct. 5.

Both sides are to file their opening briefs simultaneously by July 24, with amici briefs due by July 31. Reply briefs are due by Aug. 19.

These are to be supplemental briefs — that is, confined to the new question the Court has raised, without repeating other arguments previously made in the case.  The new issue is whether the Court should overrule either or both of two prior rulings on campaign finance law — Austin v. Michigan Chamber of Commerce in 1990 and part of McConnell v. F.E.C. in 2003.

If the Senate moves with some dispatch, and approves the nomination of Justice-candidate Sonia Sotomayor, she could be on the bench for the Sept. 9 argument.  Even if she is not, however, she could, if confirmed, participate in reviewing the case by reading the briefs and listening to the audiotape of the oral argument.  She would not have to be physically present for the Sept. 9 session.

Full post as published by SCOTUSBLOG on June 29, 2009 (boomark / email).