As we noted last week, the Montana contribution limits case was headed to the Ninth Circuit. Without ruling on the merits of the suit, the Ninth Circuit today “temporarily stayed” the district court’s order, which had invalidated Montana’s campaign contribution limits. The Ninth Circuit stated that its review was “severely constrained” by the lack of findings of fact and conclusions of law that the district court has yet to publish. Interestingly, the Ninth Circuit’s order flags a key issue in the case—namely, whether Randall v. Sorrell requires the Ninth Circuit to reconsider its 2003 decision in Montana Right to Life Ass’n v. Eddleman, which had upheld the limit now at issue. Generally, a 3-judge panel in the Ninth Circuit must abide by the Circuit’s precedents, unless an intervening Supreme Court decision alters the legal landscape.
