The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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Jones v. Jegley

Docket: 19-2260

Opinion Date: January 27, 2020

Judge: Stras

Areas of Law: Civil Rights, Constitutional Law, Election Law

The Eighth Circuit affirmed the district court's grant of a preliminary injunction enjoining the enforcement of Ark. Code Sec. 7-6-203(b)(1), which provides that candidates can only accept contributions within two years of an election. Plaintiff, who wished to donate to candidates running for state office in Arkansas's 2022 election, alleged that this blackout period violates her First Amendment rights. The court held that plaintiff alleged Article III standing because the allegations in her complaint and affidavit established that she intended to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by a statute, and that there was a credible threat of prosecution if she donated to a candidate. The court also held that the district court correctly determined that, at this early stage of the litigation, plaintiff was likely to succeed on the merits, because Arkansas failed to show how the blackout period advances its anti-corruption interest.