Opinion

Anh Cao v. Federal Election Commission

  • 619 F.3d 410
  • 2010 U.S. App. LEXIS 19056
Court
Court of Appeals for the Fifth Circuit
Filed
Sep 10, 2010
Status
Published
Author
Jolly
On the bench
Jones, King, Jolly, Davis, Smith, Wiener, Garza, Benavides, Stewart, Dennis, Clement, Prado, Owen, Elrod, Southwick, Haynes
Cited by
41 cases

recognizing that whether restrictions impose too .stringent of a burden on political speech depends in part on whether the restrictions prevent the candidate from “effectively amassing the resources necessary to wage an effective campaign”

How later courts described this case

  • recognizing that whether restrictions impose too .stringent of a burden on political speech depends in part on whether the restrictions prevent the candidate from “effectively amassing the resources necessary to wage an effective campaign”
  • holding that political party had standing to challenge expenditure and contribution limits where evidence showed it had met the proscribed limits and would have spent more but for the limits
  • stating that the court's role is not to create arguments for adjudication but to adjudicate arguments presented
  • noting that the role of the court is “not to create arguments for adjudication” or “raise [them] like a Phoenix from the ashes[,]” but “rather, [the court’s] role is to adjudicate the arguments with which [it is] presented”

Written by the judges who cited it.

The opinion

E. GRADY JOLLY, Circuit Judge,

concurring in result:

I concur in the result reached by the majority because I agree that it reflects the more accurate and realistic way the case has been presented for decision. There is much to admire in Chief Judge Jones’s dissent, and if I agreed that the argument she addresses was the question that plaintiffs were actually presenting for decision, I would concur in her opinion. Judge Clement has written clearly but broadly. In my view, she does not merely challenge the statute’s express provisions that effectively bar a Party from coordinating its efforts with the campaign of a candidate, but also the Supreme Court’s ruling that essentially upholds this provision. Both she and Chief Judge Jones ultimately may be correct. But, in my opinion, not today.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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