LAIR v. BULLOCK

Nos. 12-35809, 12-35889.

787 F.3d 989 (2015)

Doug LAIR; Steve Dogiakos; American Tradition Partnership; American Tradition Partnership PAC; Montana Right to Life Association PAC; Sweet Grass Council for Community Integrity; Lake County Republican Central Committee; Beaverhead County Republican Central Committee; Jake Oil, LLC; JL Oil, LLC; Champion Painting, Plaintiffs-Appellees, v. Steve BULLOCK, in his official capacity as Attorney General of the State of Montana; James Murray, "Jim", in his official capacity as Commissioner of Political Practices; Leo Gallagher, in his official capacity as Lewis and Clark County Attorney, Defendants-Appellants. Doug Lair; Steve Dogiakos; American Tradition Partnership; American Tradition Partnership PAC; Montana Right to Life Association PAC; Sweet Grass Council for Community Integrity; Lake County Republican Central Committee; Beaverhead County Republican Central Committee; Jake Oil, LLC; JL Oil, LLC; Champion Painting, Plaintiffs-Appellees, and Rick Hill, Warden; a Lot of Folks for Rick Hill; Lorna Kuney, Intervenor-Plaintiffs-Appellants, v. Steve Bullock, in his official capacity as Attorney General of the State of Montana; James Murray, "Jim", in his official capacity as Commissioner of Political Practices; Leo Gallagher, in his official capacity as Lewis and Clark County Attorney, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2015.


Attorney(s) appearing for the Case

Matthew T. Cochenour (argued) and Michael G. Black , Assistant Attorneys General, and Tim Fox , Attorney General, Montana Department of Justice, Helena, MT, for Defendants-Appellants.

Matthew G. Monforton (argued), Monforton Law Offices, PLLC, Bozeman, MT, for Intervenor-Plaintiffs-Appellants.

James Bopp, Jr. (argued) and Jeffrey Gallant , The Bopp Law Firm, PC, Terre Haute, IN; Anita Y. Milanovich , The Bopp Law Firm, PC, Bozeman, MT, for Plaintiffs-Appellees.

J. Gerald Hebert , Paul S. Ryan , Tara Malloy , and Megan McAllen , Campaign Legal Center, Washington, D.C., for Amici Curiae Campaign Legal Center, Common Cause, Justice at Stake, and League of Women Voters.

Ronald A. Fein and John C. Bonifaz , Free Speech for People, Amherst, MA, for Amici Curiae Free Speech for People, The Honorable James C. Nelson, American Independent Business Alliance, and American Sustainable Business Counsel.

Before: Raymond C. Fisher, Carlos T. Bea, and Mary H. Murguia, Circuit Judges.


OPINION

We are called on to determine whether Montana's dollar limits on contributions to political candidates are constitutional under the federal Constitution's First Amendment. The claims against the limits are familiar. Limitations on contributions effectively abridge free speech in two primary ways. First, the...

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