Government “Regrets . . . Omission” of Citation to Controlling Beaumont Case in Va. Contributions Briefing

Following up on this post, I have posted the supplemental briefs filed in this case. The government takes responsibility for not citing what it claims is controlling legal authority on the issue before it: the constitutionality of the 100-year-old ban on direct corporate contributions to candidates.

Meanwhile, a petition en banc has been filed in an Eighth Circuit campaign finance case. Though that case raises the same issue, the en banc petition does not seek review of the panel’s decision that is bound by the Supreme Court’s opinion in Beaumont upholding the constitutionality of the ban. [Disclosure: I have a similar issue pending in the Ninth Circuit, defending a City of San Diego campaign finance law.]