Jun 26, 2008 -- Roberts Court Strikes Another Blow to McCain-Feingold: Statement of J. Gerald Hebert, Campaign Legal Center Executive Director

The Davis decision was a disappointment but not a surprise. The Roberts Court has been gradually chipping away at the landmark McCain-Feingold campaign finance reform legislation and overturning an increasing number of existing reforms at the federal and state-level.

The "Millionaire's Amendment" was an attempt to level the playing field for candidates and to prevent personal wealth from becoming a prerequisite for elected office. Unlike the Wisconsin Right to Life case, at least this decision does not represent a reversal of the Rehnquist Court's McConnell decision upholding the McCain-Feingold legislation. The earlier decision had not ruled on the constitutionality of the "Millionaire's Amendment" because the Court had determined that the McConnell plaintiffs lacked standing to challenge the provision.

From the beginning, this case was about damage control. Fortunately, consistent with our friend of the court brief, the Court's decision today did not comment on or affect the general validity of contribution limits. In addition, the Court rightfully rejected arguments made by amici James Madison Center for Free Speech and Citizens United, which encouraged the Supreme Court to take the extraordinary step of addressing in this case the constitutional foundation of lower court decisions that had upheld various state public funding schemes.

The Campaign Legal Center, joined by Democracy 21, the Brennan Center and Public Citizen, filed as amici curiae in support of appellee, the Federal Election Commission, in Davis v. FEC.

To read the opinion, click here.