Volume 43, Issue 2 pp. 319-359
ARTICLE

Elements of the Support Structure for Campaign Finance Litigation in the Roberts Court

Ann Southworth

Ann Southworth

Ann Southworth: ([email protected]) is Professor and Founding Faculty Member, University of California, Irvine School of Law. She is grateful for comments from anonymous reviewers and participants in several conferences and workshops, including UC Irvine's Socio-Legal Studies Workshop, the New Legal Realism Tenth Anniversary Conference, and the International Legal Ethics Conference at Fordham Law School. Aaron Benmark, Thomas Eisweirth, and Aleksander Danielyan provided valuable research support.

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First published: 23 August 2017
Citations: 1

Abstract

This article considers the organizations, financial patrons, and lawyers involved in two significant campaign finance cases decided by the Roberts Court: Citizens United v. Federal Election Commission and McCutcheon v. Federal Election Commission. The research indicates that these elements of the support structures for litigation on both sides of these cases, like the justices to whom they direct their advocacy, fall into well-defined opposing and partisan camps. It also suggests that strategic case selection on the challengers' side, the diversity of organizations supporting their positions, their network and coordination, and a simple and powerful frame around which to rally may have contributed to their success and to the Roberts Court's fundamental reshaping of campaign finance doctrine.

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