Monday, April 29, 2013
The Second Circuit reversed, holding that the case was ripe because NOM had a reasonable basis to conclude that it might be deemed a political committee under the statute, chilling its free speech rights and there was no prudential reason to abstain. The Court further held that the case was not moot; although the election cycle had passed, the case fell in the category of cases "capable of repetition, yet evading review." The Court vacated the District Court's determination that it lacked jurisdiction and remanded the case for further proceedings.
Judge Jon O. Newman dissented, stating that a determination on the merits is not appropriate until the Board of Elections determines whether NOM is a political committee.
The decision in National Organization for Marriage, Inc. v. Walsh can be found here.