District of Connecticut Law Clerks Society
a society for current and recent law clerks for the united states district court for the district of connecticut
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Recent Posts
- Judge Underhill Asked to Determine if Cheerleading is a Sport
- Garber Seeking Attorney General Position
- Behind the Rise and Fall of Philadelphia’s Prison Population
- 4th Annual Investigating Computer Crimes in the 21st Century
- Judge Chatigny Nominated To Seat On U.S. 2nd Circuit Court Of Appeals
- Court Asked to Reverse Ruling on State’s Campaign Program
- Campaign Finance Legislation Under Scrutiny
- Practices of Connecticut State’s Attorney’s Office Under Review
- Lawsuit Granted Class Action Status
- Extensive Reshaping Possible In Federal Judiciary In Connecticut
Categories
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December 14, 2009
Campaign Finance Legislation Under Scrutiny
U.S. District Judge Stefan R. Underhill ruled portions of Connecticut’s campaign finance reform law unconstitutional and an appeal by state Attorney General Richard Blumenthal is being fast-tracked for oral arguments before the 2nd Circuit Court of Appeals in January. Meanwhile, the areas of legislation that Judge Underhill ruled against are stayed until a final ruling. The parts of the legislation that Judge Underhill is concerned about are the additional requirements for minor parties to qualify for assistance, and a “trigger,” that would release additional funds for candidates being largely outspent by wealthy opponents.
On the national level, it is thought that justices will overturn 100 years of legal precedent that essentially eliminated direct corporate and union campaign financing. Connecticut is one of many states where the prohibition of direct corporate and union funds could be overturned in the Citizens United v. Federal Election Commission case, where the Supreme Court addressed the underlying question of whether corporations have a constitutional right to spend unlimited amounts of money on favored candidates. With the 2010 elections nearing, Connecticut needs to have a constitutionally sound law in place to address Judge Underhill’s concerns, as well as to have the ability to withstand the deluge of corporate funds, if the Supreme Court allows direct corporate spending on campaigns.
Advisory Committee: Alyssa Esposito, Law Clerk to Judge Fitzsimmons; Krishna Patel, Assistant United States Attorney
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