McComish v. Bennett: Defendant-appellants’ opening brief

Feb 16, 2010

Defendant-appellants’ opening brief for the Ninth Circuit Court of Appeals. The Defendants argue that the district court’s summary judgment rulings should be reversed. Also, because the Act’s matching-funds provisions are sufficiently tailored to satisfy even strict scrutiny, and certainly intermediate scrutiny, summary judgment should be granted to Defendants. Alternatively, the Defendants submit that the case be remanded for further consideration by the district court in light of the appropriate level of scrutiny; or, at the very least, the case should be remanded for trial of any disputed issues of material fact that remain.

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