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· 10/16/2012

Doug Lair v. Steve Bullock

Citations

  • 697 F.3d 1200
  • 2012 U.S. App. LEXIS 21643
  • 2012 WL 4883247

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that for Marks to apply “requires that the narrow est opinion is actually the ‘logical subset of other, broader opinions,’ such that it ‘embodies] a position implicitly approved by at least five Justices who support the judgment.’ ” (alteration in original)
  • granting stay pending appeal when harm to interested parties “would, at most, be 6 minimal and vastly outweighed by the public interest”
  • granting a stay pending appeal of the district court’s injunction enjoining Montana from enforcing its campaign contribution limits
  • conducting a Marks analysis to decide whether a splintered Supreme Court decision produced a “majority” opinion that abrogated circuit precedent
  • “The only binding aspect of Randall ... is its judgment, striking down the Vermont contribution limit statute as unconstitutional.”
  • the narrowest opinion must be the “logical subset of other, broader opinions” (quoting United States v. Rodriguez-Preciado, 399 F.3d 1118, 1140 (9th Cir. 2005))

Source: CourtListener parenthetical corpus (CC0).

Judges: Gould, Clifton, Bybee

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.