Another lawyer is seeking argument time in the intensely anticipated Sept. 9 Supreme Court hearing on the campaign finance case Citizens United v. Federal Election Commission. Noted First Amendment lawyer Floyd Abrams of New York’s Cahill Gordon & Reindel has filed a motion seeking to share or expand former Solicitor General Theodore Olson’s time in arguing against the FEC. For his part Olson, now with Gibson, Dunn & Crutcher, is having none of it; he opposes Abrams’ motion. (Hat Tip to Election Law Blog, which first noted the docket entry.)
The motion and response are on file at the Court, and we’ve taken a look at both strongly worded documents. Abrams represented Sen. Mitch McConnell, R-Ky., the leading opponent of the McCain-Feingold campaign finance law, in the McConnell v. FEC case six years ago, and he is representing McConnell again. The senator, Abrams contends, is “uniquely qualified” to address one of the questions the Court wants answered in the Sept. 9 reargument of Citizens United, namely whether the part of the McConnell decision upholding the ban on corporate spending for electioneering communications should be overruled.
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