Real Truth About Obama, Inc. v. Federal Election Commission
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Second Circuit's disagreement is listed below. Doe v. The University of North Carolina System applied the reissued preliminary injunction standard without limiting it. All 42 flagged citations have been read.
42 later cases cite Real Truth About Obama, Inc. v. Federal Election Commission; 42 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
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This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Vacated
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The Supreme Court vacated the Fourth Circuit's 2009 judgment for reconsideration after Citizens United.
Real Truth About Obama, Inc. v. Federal Election Commission · Supreme Court of the United States · filed
On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Citizens United v. Federal Election Comm’n, 558 U.S. 310, 130 S. Ct. 876, 175 L. Ed. 2d 753 (2010), and the Solicitor General’s suggestion of mootness.
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Declined to follow
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The Second Circuit rejected Real Truth About Obama's reading of Winter and retained its own flexible preliminary injunction standard.
Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd. · Second Circuit · filed
We note that two of our sister circuits have retreated from a flexible approach in assessing the merits of a movant’s case in light of Winter. See Real Truth About Obama, 575 F.3d at 346-47; Am. Trucking Ass’ns, 559 F.3d at 1052. We think the Fourth and Ninth Circuits have misread Winter’s import.
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