Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
10-238 9th Cir. Mar 28, 2011
Tr.Aud.
Jun 27, 2011 5-4 Roberts OT 2010

Holding: Arizona's matching funds scheme, which provides additional funds to a publicly funded candidate when expenditures by a privately financed candidate and independent groups exceed the funding initially allotted to the publicly financed candidate, substantially burdens political speech and is not sufficiently justified by a compelling interest to survive First Amendment scrutiny.

Judgment: Reversed, 5-4, in an opinion by Chief Justice John Roberts on June 27, 2011. Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.

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