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NYPPP v Walsh 2d cir opinion

NYPPP v Walsh 2d cir opinion

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Published by Celeste Katz
NYPPP v Walsh 2d cir opinion
NYPPP v Walsh 2d cir opinion

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Published by: Celeste Katz on Oct 24, 2013
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10/31/2013

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13-3889-cvNew York Progress and Protection PAC v. Walsh, et al.
1
UNITED STATES COURT OF APPEALS
2
FOR THE SECOND CIRCUIT
345August Term, 201367(Argued: October 18, 2013 Decided: October 24, 2013)89Docket No. 13-3889101112- - - - - - - - - - - - - - - - - - - -x13New York Progress and Protection PAC,1415Plaintiff-Appellant,161718- v.-19James A. Walsh, et al.,2021Defendants-Appellees.222324- - - - - - - - - - - - - - - - - - - -x25Before:JACOBS and LOHIER, Circuit Judges,2627KOELTL, District Judge.
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2829New York Progress and Protection PAC appeals from an30order entered in the United States District Court for the31Southern District of New York (Crotty, J.), denying a32preliminary injunction. For the following reasons, we33reverse.Judge John G. Koeltl, of the United States District
*
Court for the Southern District of New York, sitting bydesignation.
Case: 13-3889 Document: 56-1 Page: 1 10/24/2013 1073904 14
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1TODD R. GEREMIA, Jones Day, New2York, New York (Michael A.3Carvin, Louis K. Fisher, Warren4Postman, Jones Day, Washington,5DC, and Michael E. Rosman,6Center for Individual Rights,7Washington, DC, on the brief),8for Appellant.910JUDITH VALE, (Richard P.11Dearing, on the brief), for Eric12T. Schneiderman, Attorney13General of the State of NewYork, for Appellees.141516DENNIS JACOBS, Circuit Judge:17New York Progress and Protection PAC (NYPPP), an18“unauthorized political committee” formed to advocate in19favor of candidates in New York elections, brought suit20against election officials in the State and City of New21York, as well as the Board of Elections, to enjoin22enforcement of New York State Election Law §§ 14-114(8) and2314-126(2). Section 14-114(8) imposes a $150,000 aggregate24annual limit on certain political contributions by any25person in New York State. Section 14-126(2) makes it a26misdemeanor to fail to file required statements or to27knowingly and willfully violate any other provision of the28Election Law. The effect of these provisions is to prevent29NYPPP from receiving more than $150,000 from any individual30contributor in any calendar year. NYPPP is a political
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1committee that engages solely in independent expenditures,2that is, expenditures made without prearrangement or3coordination with a candidate. NYPPP, which has a donor4waiting to contribute $200,000 to its cause, alleges that,5as applied to NYPPP, the cap violates its core First6Amendment right to advocate in favor of Joseph Lhota in the7upcoming New York mayoral election, and seeks declaratory8and injunctive relief.9The New York City mayoral Republican primary was held10September 10, 2013. NYPPP filed suit two weeks later, on11September 25, 2013, and the following day made a motion for12a preliminary injunction. The United States District Court13for the Southern District of New York (Crotty, J.) ordered14briefing and set oral argument for Tuesday, October 8. On15Friday, October 11, NYPPP filed a letter reiterating the16urgency of the matter in light of the approaching November 517mayoral election. On October 16, NYPPP filed a petition for18a writ of mandamus with this Court to compel the district19court to rule on the pending motion. Soon after argument on20the mandamus petition was scheduled for Friday, October 18,21the district court issued an opinion and order denying22NYPPP’s motion. N.Y. Progress & Prot. PAC v. Walsh, No. 13-
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Case: 13-3889 Document: 56-1 Page: 3 10/24/2013 1073904 14
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