Supreme Court strikes down 'millionaire's amendment'
Court Alerts
The Supreme Court on Thursday struck down the "millionaire's amendment" as an unfair way to help opponents of wealthy political candidates who spend from their personal fortunes.
The law allows candidates to receive larger campaign contributions when their wealthy opponents spend heavily out of their own pockets.
The court said by a 5-4 vote that the law violates the First Amendment.
The law was challenged by Jack Davis, a New York Democrat who has so far spent nearly $4 million of his own money in two losing campaigns for Congress and says he will spend another $3 million this year.
Davis says the provision in 6-year-old campaign finance reforms unfairly rewards his opponents by letting them exceed campaign fundraising limits simply because Davis dipped into personal funds.
Writing for the majority, Justice Samuel Alito said that under the amendment, the vigorous exercise of the right to use personal funds to finance campaign speech produces fundraising advantages for the opponents of wealthy candidates.
Alito said that if the millionaire's amendment raised the contribution limits for all candidates, Davis's challenge to the law "would plainly fail," raising the question of whether Congress could easily fix what the Supreme Court struck down.
The amendment has come into play in relatively few races. Its most prominent beneficiary so far has been Sen. Barack Obama. He was able to attract additional contributions for his Democratic senatorial primary campaign in Illinois because an opponent spent nearly $29 million of his own money.
A co-author of the 2002 campaign finance law, Sen. Russ Feingold, D-Wis., said the Supreme Court decision has no impact on the central component of the reforms, the ban on six-figure political donations to political parties. Feingold co-authored the reforms with Sen. John McCain, the Republican presidential nominee-in-waiting.
Sen. Charles Schumer, D-N.Y., said the court had issued a "confounding decision that takes the First Amendment to an illogical, distorted extreme."
Davis lost in 2004 and 2006 to Republican Rep. Tom Reynolds, who spent more than $5 million in winning re-election two years ago, 51 percent to 49 percent.
Reynolds chose not to solicit increased contributions after Davis triggered the millionaire's amendment by putting at least $350,000 of his own money into the race. Reynolds could have received $6,900 from individual donors, triple the limit otherwise. Reynolds is retiring at the end of this term.
Related listings
-
High court rejects case on fast track for border fence
Court Alerts 06/23/2008The Supreme Court on Monday turned down a plea by environmental groups to rein in the Bush administration's power to waive laws and regulations to speed construction of a fence along the U.S.-Mexican border.Homeland Security Secretary Michael Chertof...
-
Supreme Court voids California union law
Court Alerts 06/20/2008In a defeat for the union movement, the Supreme Court on Thursday struck down a first-in-the-nation law adopted in California that would have barred companies from speaking out against unions if they received state funds. The justices in a 7-2 decisi...
-
Court puts limits on mentally ill defendants
Court Alerts 06/19/2008The Supreme Court ruled Thursday that criminal defendants with a history of mental illness do not always have the right to represent themselves, even if they have been judged competent to stand trial.The justices, by a 7-2 vote, said states can give ...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.