On April 12, the 9th circuit will hear oral arguments in McComish v Bennett, 10-15165. This is the case on whether the Arizona public funding program for candidates for state office can be used this year.

The panel will be Judges A. Wallace Tashima and Sidney Thomas (both Clinton appointees) and Judge Andrew Kleinfeld (a Bush Sr. appointee). The hearing will be in San Francisco.

The U.S. District Court had said that the parts of the public funding program that give extra public funds to privately-funded candidates who have raised considerable money are unconstitutional. And, the U.S. District Court said the unconstitutional part can’t be separated out from the other part, so the program can’t be used this year.