California Case Summaries

Election Law

Secondary practice area

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

United States v. California — Ninth Circuit Dismisses Premature Ballot-Segregation Appeal

A divided Ninth Circuit panel dismissed the appeal for lack of jurisdiction and denied the emergency motion as moot. Ordinarily, an appellate court reviews an order granting or denying an injunction, not a request the trial court is still actively considering. The narrow constructive-denial doctrine can treat inaction as appealable when delay effectively refuses urgently needed relief and creates imminent, severe, irreparable consequences. Those conditions were not met here.

Ninth Circuit Court of Appeals, Constitutional Law, Election Law, Litigation

Americans for Prosperity v. Meyer — Arizona campaign-source disclosure survives First Amendment review

A divided Ninth Circuit panel affirmed dismissal of the facial and as-applied challenges. Applying exacting scrutiny, the majority found a substantial relationship between source disclosure and Arizona’s important interest in giving voters accurate information about major campaign-media spending.

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