United States Ninth Circuit

The State of Montana's motion for stay of the district court's order, permanently enjoining Montana from enforcing its campaign contribution limits, is granted where: 1) the State of Montana has made a strong showing that a merits panel of this court will likely conclude that, absent en banc proceedings or an intervening decision of the Supreme Court, this court remains bound by the decision in Eddleman; 2) a merits panel is likely to hold that the analytical framework of the Supreme Court's decision in Randall does not alter the analysis of Buckley or Shrink Missouri in a way that affect this court's decision in Eddleman; and 3) in light of Montana's interest in regulating campaign contributions, the lack of evidence that other parties will be substantially injured, and the public's substantial interest in the stability of its electoral system in the final weeks leading to an election, the order pending the state's appeal is stayed.

Appellate Information

• Decided 10/17/2012
• Published 10/17/2012

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel