Cruz’s challenge involves rules about repaying a candidate for federal office who loans his or her campaign money. Under the law, a campaign can repay the candidate up to $250,000 with money collected after the election.
Cruz argues that the current rules deter candidates from loaning money to their campaigns in violation of the Constitution. A three-judge panel unanimously sided with Cruz, and the Biden administration asked the court to take the case.
Cruz, a former Supreme Court clerk, loaned his campaign $260,000 during his successful 2018 bid for reelection, when he defeated Beto O’Rourke. Cruz was ultimately repaid all but $10,000. The express purpose of the loan was to challenge the law.
The court also agreed to hear an appeal from the heirs of a German Jewish woman and a San Diego Jewish organization in their quest to recover a valuable painting by Camille Pissarro that was initially taken by the Nazis and now hangs in an art museum in Madrid.
In another case, the justices will review a Christian organization’s plea to have its flag displayed on a flag pole at Boston’s City Hall.
The high court has been on its summer break since early July. When it begins its new term Monday the justices will be hearing arguments in their marble courtroom for the first time in more than a year and a half, though the public will not be allowed to attend. The justices have been hearing arguments by telephone because of the coronavirus pandemic.
Live audio of the arguments will continue to be available to the public through at least December, the court has said, though one change is that members of the public will be able to go directly to the court's website to hear it instead of needing to find it through media outlets.
On Friday, the court will hold a ceremonial swearing-in for Justice Amy Coney Barrett who was confirmed in October 2000 following the death of Justice Ruth Bader Ginsburg. The ceremony was delayed because of the pandemic.
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