No. 18-733

1A Auto, Inc., et al. v. Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance

Lower Court: Massachusetts
Docketed: 2018-12-10
Status: Denied
Type: Paid
Amici (4)Response RequestedRelisted (2)
Tags: association campaign-finance contribution-limits equal-protection first-amendment free-speech freedom-of-association freedom-of-speech intermediate-scrutiny political-contributions strict-scrutiny
Key Terms:
FirstAmendment DueProcess
Latest Conference: 2019-05-16 (distributed 2 times)
Question Presented (AI Summary)

Should Beaumont be overruled?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Massachusetts bans for-profit businesses from contributing money to political candidates or committees, but allows unions and nonprofits to do so. Mass. Gen. Laws c. 55, § 8. The lower court rejected Petitioners’ First Amendment challenge to this ban, relying on FEC v. Beaumont, 539 U.S. 146 (2003), although it acknowledged that Beawmont’s reasoning conflicts with recent decisions. It also denied Petitioners’ Equal Protection Clause challenge, concluding that contribution limits that satisfy intermediate First Amendment scrutiny cannot receive strict scrutiny, and therefore must be upheld under the Fourteenth Amendment. This case therefore presents the questions: 1. Should Beaumont be overruled because it conflicts with more recent decisions of this Court and insufficiently protects freedom of speech and association? 2. Should contribution limits that impose different limits on different classes of donors receive strict scrutiny? 3. Does Mass. Gen. Laws c. 55, § 8 violate the First Amendment and the Equal Protection Clause by banning businesses, but not unions and non-profit organizations, from making political contributions?

Docket Entries

2019-05-20
Petition DENIED.
2019-05-13
Supplemental brief of respondent Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance filed. (Distributed)
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-26
Reply of petitioners 1A Auto, Inc., et al. filed. (Distributed)
2019-04-12
Brief of respondent Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance in opposition filed.
2019-02-20
Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2019.
2019-02-15
Motion to extend the time to file a response from March 1, 2019 to April 30, 2019, submitted to The Clerk.
2019-01-30
Response Requested. (Due March 1, 2019)
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Brief amicus curiae of Landmark Legal Foundation filed.
2019-01-09
Brief amicus curiae of Liberty Justice Center filed.
2019-01-04
Brief amicus curiae of Fiscal Alliance Foundation filed.
2019-01-04
Brief amicus curiae of Pacific Legal Foundation filed.
2018-12-10
Blanket Consent filed by Petitioners, 1A Auto, Inc., et al.
2018-12-05
Petition for a writ of certiorari filed. (Response due January 9, 2019)

Attorneys

1A Auto, Inc., et al.
J. H. HuebertGoldwater Institute, Petitioner
Fiscal Alliance Foundation
Thaddeus Alan HeuerFoley Hoag, LLP, Amicus
Landmark Legal Foundation
Richard Peter HutchisonLandmark Legal Foundation, Amicus
Liberty Justice Center
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance
Julia Eleanor KobickOffice of the Massachusetts Attorney General, Respondent
Pacific Legal Foundation
Deborah Joyce La FetraPacific Legal Foundation, Amicus