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Contact Us Home July 22, 2018
"These are distinctly frightening times-especially for those of us who believe judicial elections should be different from other elections and that it is important to maintain both the appearance and actuality of impartial justice."
Rick Hasen and Dahlia Lithwick

Arizona Free Enterprise Club v. Bennett

Supreme Court Case Affects Some Public Finance Laws

In Arizona Free Enterprise Club v. Bennett, the U.S. Supreme Court threw out an Arizona public finance provision designed to fight corruption and limit the influence of special-interest campaign cash. The court found the provision unconstitutional.

Four states, faced with rising spending on high court campaigns, turned earlier to voluntary public financing of appellate court elections, so that judicial candidates wouldn't have to seek large contributions from parties who appear before them in court. All four states - North Carolina, New Mexico, Wisconsin and West Virginia - have used a provision like Arizona's, and thus their laws are likely to be affected by Arizona Free Enterprise Club.

The case was widely known as McComish v. Bennett until that case was consolidated with another.


Arizona Free Enterprise Club fact sheet

Justice at Stake's Arizona Free Enterprise Club brief

Justice at Stake release on Arizona Free Enterprise Club

Arizona Free Enterprise Club news stories 

Arizona Free Enterprise Club v. Bennett briefs

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