· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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