Ah, another slow week on First Street. Not to worry, folks, there's plenty of Supreme Court gossip to tide you over.
No, the Hillary Clinton reference in the headline has nothing to do with a flying shoe (no word on the make and model of said shoe, but we do know that it was feminine and orange). Though that incident has snatched up the headlines, a different speech by the possible presidential candidate, discussing the court's ruling in McCutcheon, is far more interesting. She hates the ruling, but an interesting question is: Does she benefit from it?
Meantime, thanks to a few recent developments in same-sex marriage litigation appeals, the race to the Supreme Court has shifted. Who's on track, and who is likely to file for certiorari first? We'll handicap the odds.
Hillary on Campaign Finance Reform
"With the rate the Supreme Court is going, there will only be three or four people in the whole country that have to finance our entire political system by the time they are done."
Between McCutcheon and Citizens United, there are a ton of ways to funnel money to candidates, and no race is bigger than the looming 2016 presidential run. According to Mother Jones, even though Hillary hasn't declared that she is running, millions of dollars have already been raised by a handful of super PACs, just in case. Meantime, other potential Democratic candidates are stuck in the "Hillary Clinton Cash Freeze," as the "shadow campaign" has already corralled the biggest donors for her campaign.
Hate the game, don't hate the player.
Which Gay Marriage Suit Will File Cert. 1st?
We knew it was inevitable that same-sex marriage would return to the Supreme Court, but could it happen as soon as later this year?
Petitions for certiorari almost certainly will, after multiple circuits have "fast-tracked" appeals in same-sex marriage cases.
Initially, it looked like the Utah case, Herbert v. Kitchen, would be the front-runner, as it was the first district court case, the appeal was fast-tracked, and oral arguments were heard earlier this week. But the dark horse candidate is now DeBoer v. Snyder, out of Michigan, after state officials asked to skip the three-judge panel and proceed directly to an en banc hearing.
If a request is made and granted for en banc in the Utah case after that circuit releases its panel opinion, the Michigan appeal might arrive first, assuming the Sixth Circuit grants the unusual expedited en banc request.
And, of course, there's the Virginia appeal in Bostic v. Schaefer, which is scheduled for oral arguments to a panel next month. Depending on how en banc requests shake out, there's a slim chance that a party in that case could file the first petition.
First to file means little, however, if the Supreme Court decides to hold over or deny cases in order to let the issue percolate in the lower courts. But it does make for an interesting Friday afternoon discussion, right?