Bill de Blasio won a victory of sorts when a Manhattan judge shot down a pro-Lhota political action committee’s request for a preliminary injunction that would prohibit the state from enforcing what is an unconstitutional limit on speech.
But the substance of the case remains very much alive.
The ruling comes from US District Judge Paul Crotty. And the issue in contention is a New York state law that limits individual donations to political action committees to $150,000 per year.
The New York Progress and Protection PAC argues — rightly — that this limit is unconstitutional in light of the US Supreme Court’s decision in Citizens United.
The PAC was hoping to force a ruling on this in time to raise more money in support of Joe Lhota’s race against de Blasio.
This the judge denied them, saying it would be unfair to change the rules in the middle of an election. Maybe.
But the system we are left with stacks the deck by allowing New York’s powerful unions, for example, to spend millions promoting de Blasio while those who want to help Lhota cannot.
In addition, why is it we never hear the argument for waiting when it is on behalf of a left-wing cause — whether it’s instituting same-sex marriage in New Jersey or ending stop-and-frisk in New York?
The PAC is appealing the decision. However that turns out, the larger point is surely that this isn’t about Lhota.
This is about the future of New York elections, and whether an unconstitutional restriction will continue to make them less fair and competitive.
Judge Crotty may yet end up here. If he does, we’ll say: Better late than never.