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Davis v. FEC

Docket No. Op. Below Argument Opinion Vote Author Term
07-320 D. D.C. Apr 22, 2008
Tr.Aud.
Jun 26, 2008 5-4 Alito OT 2007

Holding: (1) The Supreme Court has jurisdiction to hear Jeff Davis’ appeal; (2) Sections 319(a) and (b) of the Bipartisan Campaign Reform Act of 2002 violate the First Amendment; and (3) because Section 319(a) is unconstitutional, Section 319(b)'s disclosure requirements, which were designed to implement the asymmetrical contribution limits, are as well.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Samuel Alito on June 26, 2008. Justices Stevens, Souter, Ginsburg, and Breyer joined the majority opinion as to Part II. Justice Stevens filed an opinion concurring in part and dissenting in part, in which Justices Souter, Ginsburg, and Breyer joined as to Part II. Justice Ginsburg filed an opinion concurring in part and dissenting in part, in which Justice Breyer joined.

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