8 Eight Steps of Legal Reasoning


Legal Business6/21/14
Steps of Legal Reasoning
American Tradition Partnership v. Bullock 6/25/12
The Facts
Montana state law provides that a “corporation may not make….an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party” Montana Supreme Court rejected petitioners’ claim that this statue violates the First Amendment In Citizens United v. Federal Election Commission, this court struck down a similar federal law, holding that “political speech does not lose First Amendment protection simply because its source is a corporation” The issue

Whether the holding of Citizens United applies to the Montana State law Reasons and Conclusions
Reasons
There is no serious doubt that it does apply
Montana’s arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case The petition for certiorari is granted
Conclusion
The Judgement of the Supreme Court of Montana is reversed
Relevant Rules of Law
“Independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption” 588 U.S.__, ___ (2010) (slip op., at 42) “Technically independent expenditures can be corrupting in much of the same way as direct contributions” Id., at __ (slip op., at 67-68) “[m]any corporate independent expenditures…had become essentially interchangeable with direct contributions in their capacity to generate quid pro quo arrangements” Id., at __ (slip op., 64-65) Ambiguity

Yes, the argument contains significant ambiguity explaining Montana state laws Ethical Norm
Justice
Legal Analogies
The legal analogies are very appropriate, there are the same factors that compelled the court’s decision (conclusion) in Citizens United v. Federal Election Commission that applies in this case. Missing Information

There could be more extent and content of how the differences of American Tradition...
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