Thursday, September 26, 2013
Courts - "As recently as two weeks ago, Bopp was planning to argue the case."
Tony Mauro of The Blog of Legal Times is reporting that:
The plaintiffs in McCutcheon v. Federal Election Commission, the next major Supreme Court case attacking campaign finance regulation, have hired Erin Murphy, a protege of former solicitor general Paul Clement, to argue before the court on October 8.Later in the story:
Murphy, counsel at the Bancroft firm in D.C., and Clement, a partner at the firm, confirmed this morning that Alabama businessman Shaun McCutcheon and the Republican National Committee had picked Bancroft for the high-profile argument.
"In a case like this with multiple parties, there were multiple options. At the end of the day, rather than flipping a coin, they decided go with Bancroft, and we're delighted," said Clement. The other possible advocates were longtime foe of campaign finance regulation James Bopp Jr., who was counsel of record for the Republican National Committee, and Michael Morley, a New Jersey practitioner who was counsel of record for McCutcheon. As recently as two weeks ago, Bopp was planning to argue the case. Clement said Bopp remains part of the legal team even though he will not be arguing.
"We have a great legal team and are looking forward to presenting our case to the Court in October" said John Phillippe, chief counsel to the Republican National Committee in a statement, when asked why the committee went with Murphy.
This is not the first time that Bopp has been left at the altar in major campaign finance litigation once it arrives at the Supreme Court. In the controversial Citizens United v. FEC case in 2010, Bopp was the lead lawyer in lower courts, but Citizens United founder David Bossie hired Gibson, Dunn & Crutcher veteran Theodore Olson to argue at the high court. "When you change battlefields, you change generals," Bossie was quoted as saying in the recent book The Roberts Court, by NLJ chief Washington correspondent Marcia Coyle. Olson redirected the arguments and won the case. Similarly, in McConnell v. FEC in 2003, Bopp was crowded out by former solicitor general Kenneth Starr and others.
Nonetheless, Bopp has argued five cases before the high court, including Wisconsin Right to Life v. FEC and Republican Party of Minnesota v. White, both of which he won. Bopp did not immediately respond to a request for comment.
Posted by Marcia Oddi on September 26, 2013 11:51 AM
Posted to Courts in general