DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103126P.pdf 09/05/2012 MN Citizens Concerned for Life v. Lori Swanson
U.S. Court of Appeals Case No: 10-3126
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with whom Wollman, Loken, Gruender,
Benton and Shepherd, Circuit Judges, Join]
Civil case - Campaign Financing. For the panel opinion in the matter,
see Minn. Citizens Concerned for Life, Inc. v. Swanson, 640 F.3d 304 (8th
Cir. 2011). Because Minnesota has not advanced any relevant correlation
between its identified interests and the ongoing reporting requirements of
its campaign finance laws, Minnesota's requirement that all associations
make independent expenditures through an independent expenditure
fund, see Minn. Stat. Sec. 10A.12, subdiv. 1a, is most likely
unconstitutional; accordingly the court reverses the district court's denial
of plaintiffs' motion for a preliminary injunction to the extent it requires
ongoing reporting requirements from associations not otherwise
qualifying as PACs under Minnesota law; district court did not abuse its
discretion in denying plaintiffs' motion for a preliminary injunction
against Minnesota's ban on corporate political contributions, see Minn.
Stat. Sec. 211B.15, subdiv. 2. Judge Melloy, with whom Murphy, Bye
and Smith, Circuit Judges, Join, concurring and dissenting. Judge
Colloton, concurring in part and dissenting in part.
103126P.pdf 05/16/2011 MN Citizens Concerned for Life v. Lori Swanson
U.S. Court of Appeals Case No: 10-3126
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Bye,
Circuit Judge]
Civil case - Elections and Campaign Contributions. In an action seeking
to invalidate Minnesota's ban on corporations making direct contributions
to candidates and political parties and Minnesota's regulation of how
corporations may make independent expenditures, the district court did
not err in denying plaintiff's motion for a preliminary injunction as
plaintiffs were unlikely to prevail on the merits of their claims;
Minnesota's provisions of corporate independent expenditures are similar
in purpose and effect to the disclosure laws the Supreme Court upheld in
Citizens United v. Federal Elections Commission, 130 S. Ct. 876 (2010) and,
as a result, plaintiffs are unlikely to prevail on the issue of whether
Minnesota impermissibly retained a ban on corporate independent expenditures;
nor are plaintiffs likely to prevail on the claim that the laws are not
sufficiently tailored given the heightened level of constitutional scrutiny
or the claim that the state's ban on direct corporate contributions is
unconstitutional. Chief Judge Riley, concurring in part and dissenting in
part.