Sixth Circuit

Jonathan H. Adler | 10.8.2024 6:07 PM

Today a divided panel of the U.S. Court of Appeals for the Sixth Circuit granted the state of Ohio's application of an emergency stay of a district court injunction barring enforcement of an Ohio law prohibiting foreign nationals from spending money to support or oppose a ballot initiative. The district court concluded that the plaintiffs were likely to succeed in their challenge to the law. In OPAWL—Building AAPI Feminist Leadership v. Yost, a divided panel of the Sixth Circuit disagreed.

Judge Thapar wrote for the court, joined by Judge McKeague. Judge Davis dissented.

Writing for the panel, Judge Thapar rejected the plaintiffs' arguments that the prohibition is overbroad and that it unconstitutionally restricts the First Amendment rights of lawful permanent residents. While lawful permanent residents have First Amendment rights, Judge Thapar explained, the state also has a compelling interest in preventing foreign money from distorting domestic self-government.

the "exclusion of aliens from basic governmental processes is not a deficiency in the democratic system but a necessary consequence of the community's process of selfdefinition." Cabell v. Chavez-Salido, 454 U.S. 432, 439 (1982). States can prevent non-citizens from serving as probation officers, see id., or teaching in public schools, see Ambach v. Norwick, 441 U.S. 68 (1979). Why? Because the "distinction between citizens and aliens, though ordinarily irrelevant to private activity, is fundamental to the definition and government of a State." Id. at 75. "It is because of this special significance of citizenship that governmental entities, when exercising the functions of government, have wider latitude in limiting the participation of noncitizens." Id. So, excluding non-citizens from certain activities can advance a compelling interest when those activities form part of the "the process of democratic........

© Reason.com