Supreme Court Orders Supplemental Briefing and Reargument in Citizens United v. Federal Election Commission

On June 29, the Supreme Court ordered supplemental briefing and reargument in Citizens United v. Federal Election Commission, No. 08-205.

Citizens United presents four questions related to prohibitions on electioneering communications in the Bipartisan Campaign Reform Act of 2002. The case was argued on March 24.

Today, instead of deciding the case, the Court ordered the parties to file supplemental briefs addressing the following question:

For the proper disposition of this case, should the Court overrule either or both Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), and the part of McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003), which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, 2 U.S.C. § 441b?

The Court set the case for reargument on September 9.