More Doubts About the Court’s Resolution of the John Doe Investigation

More Doubts About the Court’s Resolution of the John Doe Investigation

“In summary, the panel stated exactly what the critics of the Peterson John Doe decision have said all along: there is simply no support for the argument that the U.S. Constitution limits campaign finance regulation to rules addressing express advocacy. If anything, the reasoning of the D.C. Circuit in Independence Institute strengthens the legal argument of the special prosecutor in the John Doe proceeding. If the requirement to disclose the identities of donors who support issue advocacy groups is constitutional, because of the public interest in knowing who is speaking about a candidate shortly before an election, then a requirement that prohibits coordination between issue advocacy groups and candidate campaigns must also be constitutional because it advances the very same public interest. By affirming the decision of the Three Judge Panel, the U.S. Supreme Court has raised more questions about the reasoning which the Wisconsin Supreme Court used to resolve the John Doe Investigation.”

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Skills

Posted on

November 1, 2019