Today at 11 am the Alaska Supreme Court will hear oral arguments in APOC v. Patrick, one of the most important cases you've probably never heard of. Harvard Law School Con Law Professor Lawrence Lessig @lessig leads the plaintiffs in a case almost certain to head to SCOTUS #aklaw
2. This case is about whether APOC has discretion to ignore AK's campaign contribution limits for independent expenditure groups. After SCOTUS's 2010 decision in Citizens United, APOC decided AK's law was unconstitutional and unenforceable. Plaintiffs appealed APOC's decision.
3. Senior AAG Laura Fox will argue for APOC. The main point is that AK's statute imposing campaign contribution limits is unconstitutional post-Citizens United and APOC shouldn't be required to enforce it.
4. Prof. Lessig and 1st Amendment specialist Jason Harrow represent 3 plaintiffs who challenged APOC's decision not to enforce the AK law. They argue that campaign limits are justified to avoid corruption, and AK's law would likely be upheld by SCOTUS.
5. APOC's reply brief argues that the AK Supreme Court shouldn't guess how SCOTUS would interpret AK's law, calling the case "a hopeful vision of how the law could change in the future."
6. Oral arguments at 11 am will be live on @GavelAlaska. This is a significant constitutional law case that could change the campaign finance landscape in Alaska and across the country. #aklaw
Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
AAG Fox's opening: "APOC is just trying to follow the law."
"[Plaintiffs] haven't tried to distinguish these cases" that hold the campaign contribution limits are unconstitutional.
J. Carney: What if our statute is different [from other statutes that have been ruled unconstitutional by fed courts]?
Fox: AK statute doesn't treat the subject groups differently than statutes in other cases. No difference among the statutes. APOC is bound by fed case law.
BREAKING: Lance Pruitt's lawsuit says the Alaska Supreme Court's decision to eliminate the absentee witness requirement in Arctic Village v. State was "unconstitutional" #aklaw
Not to be outdone by the stupidity of the 3 Kenai GOP members of #akleg who asked Alaska to intervene in Texas v. Pennsylvania, today Mat-Su Reps. George Rauscher and Colleen Sullivan-Leonard, sent their own undemocratic letter to @GovDunleavy and Acting AG Sniffen #aklaw
"The enormous amount of the election statutes that were disregarded by courtroom after courtroom not just before, but also while the election was already in progress, resulted in countless venues for fraud which will take months to unravel." - what does that even mean?
Seriously, Reps. Rauscher and Sullivan-Leonard are complaining about courts contributing to election uncertainty while encouraging Alaska lawyers (who have ethical responsibilities) to file baseless claims in SCOTUS 🤦♀️