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Davis v. Federal Election Commission (Docket #: 07-320) (2008)  [Findlaw]

Secondary Link Davis v. Federal Election Commission  [Legal Information Institute]
Argument Date 04/22/2008
Decided 06/26/2008
Supreme Court Vote 5-4
Note Also at issue is whether the Court has jurisdiction to hear the appeal, thus raising the possibility that the law’s validity may not be resolved. (SCOTUSblog)
Supreme Court Ruling Reversed, First Amendment claim sustained.
IssueWhether BCRA’s so-called "Millionaire’s Amendment," which relaxes campaign finance limits for opponents of congressional candidates spending more than $350,000 of their own money, violates either the First or Fifth Amendments.
Case Summary & Additional Resources
Majority Opinion Alito, J.
Concurring Opinion Stevens, J. (concurring & dissenting in part)
Dissenting Opinion Ginsburg, J. (concurring & dissenting in part)
Certiorari Granted 01/11/2008
Lower Court DC Circuit
Lower Court Ruling First Amendment claim denied
Oral Arguments Transcript
For Petitioner
Andrew Herman (Brand Law Group)

For Respondent
Paul D. Clement (Solicitor General)

For Petitioner
Jurisdictional Statement (SCOTUSblog)

For Respondent
Motion to Dismiss or Affirm (SCOTUSblog)

For Amicus
Brief for Center for Competitive Politics in Support of Appellant (SCOTUSblog)

Brief for Common Cause in Support of Appellee (SCOTUSblog)

Brief for Democracy 21, the Campaign Legal Center, the Brennan Center for Justice at NYU School of Law, and Public Citizen, Inc., in Support of Appellee (SCOTUSblog)

Brief for Gene DeRossett & J. Edgar Broyhill II in Support of Appellant (SCOTUSblog)

Brief for the CATO Institute in Support of Neither Party (SCOTUSblog)

Brief for the James Madison Center for Free Speech and Citizens United in Support of Appellant (SCOTUSblog)

Tony Mauro Analysis
"Davis: Leveling rich candidates' speech unjustified"

"Court grills both sides in 'millionaires-amendment' case"

"'Millionaire' case: new look at campaign finance"

Opinion - Lower Court
Davis v. F.E.C. (D.C. Cir., 2007)

AP, "Court strikes down 'millionaire's amendment'" (06/26/08)

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