The super rich are pouring the money in and the GOP will swamp candidates for the Democratic party. If care about that read on. Ask yourself:
Does money given to Super PACs influence federal elections?
If you said yes, great. I think it is also likely 2 out of 3 judges will also agree. That is important since 3 things follow:
1. Since money given to super PACs influence federal elections, then they are federal campaign contributions.
2. Individuals represent the bulk of contributions to Super PAC money, and individuals have contribution limits.
3. Under U.S. common law, Courts care about whether something has the same net affect. Therefore, since the net affect is affecting federal elections, they are federal contributions and subject to personal limit.
When you read what the FEC has published closely, they say Independent expenditures provide yet another way to support Federal candidates.
This came from the SpeechNow Court that concluded:
We should be clear, however, that we only decide these questions as applied to contributions to SpeechNow, an independent expenditure—only group. Our holding does not affect, for example, § 441a(a)(3)'s limits on direct contributions to candidates.
The key to stopping Super PACs and the GOP is focus on that last sentence. Focus on what is legally under common law a "direct contribution".
The challenge must be made in a different Circuit of the Federal Court system. If a Court in another Circuit agrees that campaign contribution given with a prior understanding it would support one candidate is the same as a "direct contribution" then individual contribution limits apply to Super PACs. Rather, it would apply to those that live in that Circuit.
This in turn would prompt an appeal the U.S. Supreme Court to rule which Circuit is correct.
The Ninth Circuit is perhaps the best Circuit to launch this challenge. I have already done that. However, the case will die unless someone takes interest.
Are you interested in the unlimited campaign contributions and how it affects federal elections? Does this concern you?
If so find someone that will depend against
the lawsuit I have launched. This will force the Ninth Circuit Court to rule. My bet is the Ninth Circuit will rule in the same manner of the First Circuit when asked a similar question. The First Circuit stated a contribution was subject to State regulation when there is an understanding it would be used to influence a State campaign.
It really is up to you.
By August 21, 2012 someone must act if they want to fulfill the wishes of 69% of Americans that believe Super PACs should be illegal. Unless someone challenges that SpeechNow ruling in another Circuit, just as I have done, Super PACs will decide who is in the White House.
Philip B. Maise (Self)