Cases: Davis v. FEC: Decisions / OrdersDavis v. FEC: Decisions / Orders: Opinion Davis v. FEC was a federal court challenge to the Millionaire's Amendment of the Bipartisan Campaign Reform Act of 2002. The Millionaire's Amendment was upheld by a U.S. district court, but the Supreme Court, in a 5-4 decision, struck down the Millionaire's Amendment as violating the First Amendment on June 26, 2008. Under the Millionaire's Amendment, when a wealthy self-financed candidate spent in excess of a specified threshold of personal funds, the Amendment provided for an increase in contribution limits and an elimination of coordinated party spending limits for such candidate's non-wealthy opponent. The Amendment also imposed additional disclosure requirements on the self-financing wealthy candidate. The Supreme Court invalidated all of these provisions.To read the opinion, click here.
Cases: Davis v. FEC: Decisions / Orders: Opinion On August 8, 2007, a three-judge federal court rejected a challenge brought by self-funded candidate Jack Davis to the "Millionaires' Amendment" in BCRA. This provision allows congressional candidates to accept up to six times the $2,300 federal contribution limit if they face opponents who spend large amounts of personal funds to support their campaigns. The court held that the Millionaires' Amendment did not burden Davis' free speech rights, but rather serves merely to benefit those who choose not to use personal funds or loan such funds to their campaigns. To read the opinion, click here.
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