Davis v. FEC

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Questions

1. Does the Millionaire's Amendment to the 2002 campaign finance law, which raises the contribution limit for those running against a self-financed candidate, violate free speech clause of the First Amendment and the equal protection principle of the Fifth Amendment?

Conclusions

1. Yes. Although all nine Justices agreed that Davis had standing to argue his case before the Court, only a 5-4 majority held that the contribution limits violated the First Amendment. In his majority opinion, Justice Samuel Alito noted that the Court had never upheld the constitutionality of a law imposing different contribution limits for candidates competing against one another. Because the Court found the laws in violation of the First Amendment, it did not reach the question of whether the Fifth Amendment was also violated. Justice John Paul Stevens, joined by Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer, filed an opinion concurring in part and dissenting in part, agreeing with the majority that Davis had standing but citing the reasoning of the district court to argue that the contribution cap did not violate the First or Fifth Amendment. Justice Ginsburg, joined by Justice Breyer, wrote a separate opinion concurring in part and dissenting in part, agreeing with Justice Stevens's argument but basing it on slightly different grounds.