Case Citator › Real Truth About Obama, Inc. v. Federal Election Commission

Real Truth About Obama, Inc. v. Federal Election Commission

Is it still good law? What later courts have actually done to this case.

Vacated
Court
Fourth Circuit
Citation
575 F.3d 342
Decided
Confirmed treatments
2
Flagged citations read
42 of 42
Citing cases (total)
42
Treatment dates
2010

Status

Vacated
This decision was vacated (set aside), by a higher court or by the same court on rehearing, so it has no force as precedent. The history below says what replaced it. The Supreme Court vacated the 2009 judgment in Real Truth About Obama, Inc. v. Federal Election Commission. On remand, the Fourth Circuit reissued only Parts I and II, including the preliminary injunction standard, in its 2010 opinion.
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.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

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

  • 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.
    Read the full opinion on CourtListener →

Declined to follow

  • 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.
    Read the full opinion on CourtListener →

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