Two New Appellate Rulings Authorize Super PACs at the State Level

Within the past several weeks, two federal appeals courts have ruled that states cannot limit contributions to groups that only make independent expenditures.  The Fifth Circuit—covering Louisiana, Mississippi, and Texas—issued its decision on October 16; the Second Circuit—consisting of Connecticut, New York, and Vermont—decided the question on October 24.  While the decisions addressed only Texas and New York law, respectively, the courts’ reasoning will have an impact on all the states within the two circuits.

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