seeking declaration that statutes requiring candidates to approve campaign expenditures and limiting campaign expenditures was unconstitutional
How later courts described this case
- seeking declaration that statutes requiring candidates to approve campaign expenditures and limiting campaign expenditures was unconstitutional
Written by the judges who cited it.
The opinion
ARMSTRONG, District Judge
(concurring).
I concur in the majority opinion, especially with respect to the lack of a justicia-ble controversy on the part of the interve-nors. I agree that the threshold to the successful maintenance of a declaratory judgment action is the clear demonstration of such a controversy.
The dissent in this case, and the majority opinion in Brimmer, approximate advisory opinions, from which everyone seems to shy away.
Semantics aside, in a case of this kind where a sizeable public interest is involved and where the legislature has presently pending a bill to amend the Frisby amendment, it behooves me to state candidly that if a controversy had been shown I would have concurred with the dissent in declaring the offensive section of the amendment unconstitutional.