Federal Judiciary

Motion for Divided Argument in Citizens United

By Akin Gump Supreme Court Practice Group

Solicitor General Elena Kagan filed a motion today with the Court in Citizens United v. Federal Election Commission (08-205), asking the Justices to grant 10 minutes of the United States’ argument time to Seth Waxman, a lawyer for Senators John McCain and Russell Feingold and former Representatives Christopher Shays and Martin Meehan. The Court will hear reargument in Citizens United on Sept. 9.

On the last day of OT08, the Court ordered new briefing on whether its precedents –including a part of McConnell v. FEC, which upheld the 2001 McCain-Feingold campaign finance law– should be overruled. The opening briefs for the government and the Citizens United advocacy group are due tomorrow and will be posted on the blog as soon as the filings are available. Amicus briefs are due July 31. Former Solicitor General Waxman represents the congressional sponsors of the McCain-Feingold law, who filed an amici brief before the initial argument.

Citizens United will be General Kagan’s first argument before the Court and if Supreme Court nominee Judge Sonia Sotomayor is confirmed it will be her first appearance on the bench.

Full post as published by SCOTUSBLOG on July 23, 2009 (boomark / email).