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May 30, 2013

Your brief to the Supreme Court: McCutcheon v. FEC


We proposed it. You funded it. We did it.

  • The McCutcheon v. FECamicus brief was filed with the Supreme Court
  • You enabled us to lead this coalition of brief signers, so…
  • It’s called the Downsize DC brief!
  • You can read the brief here

Thanks to those who contributed to make this possible. Let me tell you what you accomplished . . .

You fired the second salvo against the doctrine of compelling state interest and the balancing tests the High Court uses to expand state power at your expense. Remember…

We first argued this point in the case Danielczyk v. United States.

Balancing tests and the doctrine of compelling state interest first appeared in the decision that endorsed the imprisonment of Japanese-Americans during WWII. This precedent has been the basis for an ongoing Congressional crime wave.

It’s important that we’ve now filed two briefs attacking these evil doctrines in two different cases. This strategy of repetition is exactly what we did in originating the freedom of the PRESS argument against the campaign finance laws. Our constant repetition of this point has influenced dissenting opinions, as well as the favorable outcome in the Citizens United case.

We hope to have the same impact in undermining balancing tests and the doctrine of compelling state interest. Your support is making this possible.

In this Downsize DC brief our attorneys were also able to repeat an argument that had first gained traction in the Citizens United case — that you have a right to associate with others for the purpose of organized political expression, even if you use a corporate form for that association.

We believe these points, along with our freedom of the press argument, should eventually overturn the incumbent protection laws (campaign finance limits). Long term, we may be able to accomplish much more if we can also undermine compelling state interest and balancing tests, in other areas like . . .

  • Most gun regulation laws
  • All other aspects of First Amendment law
  • Affirmative action and other discriminatory laws

Thank you for the support that makes this possible. If you want to see us do more briefs, please consider starting a monthly credit card pledge to the Downsize DC Foundation.

Thanks again,

Jim Babka
Downsize DC Foundation

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