Decline and Fall? The Roberts Court and the Challenges to Campaign Finance Law
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Richard Briffault
The Supreme Court has had a major impact on the development of campaign finance law. Court decisions have barred most expenditure limits, upheld contribution restrictions and disclosure requirements, and limited the kinds of electoral ads that can be subject to regulation. In the McConnell decision in 2003 the Court demonstrated a greater openness to campaign finance regulation when it upheld McCain-Feingold's soft money and issue advocacy restrictions. Since McConnell, however, the composition of the Court has changed, and in two decisions in the past two years, the new majority has been much more hostile to campaign finance limits. In particular, last year's WRTL decision significantly eroded McConnell's issue advocacy holding and opened the door to considerably more corporate and union spending in elections. Three new cases are currently moving through the judicial system, with one soon to be argued before the Supreme Court, a second pending there, and a third in the early stages of litigation. These cases have implications for contribution limits, public funding, and the fundraising restrictions and disclosure requirements that apply to independent committees. Their resolution will shape the effectiveness of current campaign law and signal the direction of the Roberts' Court's emerging campaign finance jurisprudence.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- A Collapse of the Campaign Finance Regime?
- From Bad to Worse: The Unraveling of the Campaign Finance System
- Rethinking the Campaign Finance Agenda
- Decline and Fall? The Roberts Court and the Challenges to Campaign Finance Law
- Rolling in the Dough: The Continued Surge in Individual Contributions to Presidential Candidates and Party Committees
- Internet Fundraising in 2008: A New Model?
- Political Equality, the Internet, and Campaign Finance Regulation
- Financing the 2008 Congressional Elections: A Prospective Guide
- BCRA's Impact on the Political Expenditures of Corporate Interests
- The Interest Group Response to Campaign Finance Reform
- Finding the Cost of Campaign Advertising
- Is That a Bundle in Your Pocket, Or . . .?
- Whither Republican Women: The Growing Partisan Gap among Women in Congress
- Review
- Novak on Novak: A Review of Robert D. Novak's The Prince of Darkness: 50 Years Reporting in Washington
- Bridging Divides through Political Talk: Admirable Goal or Harmful Folly?
- Water Cooler Democracy: A Review of Hearing the Other Side: Deliberative versus Participatory Democracy by Diana C. Mutz
- Review of Richard Skinner's More than Money: Interest Group Action in Congressional Elections
- Review of Samples, The Fallacy of Campaign Finance Reform and La Raja, Small Change: Money, Political Parties, and Campaign Finance Reform
Artikel in diesem Heft
- Article
- A Collapse of the Campaign Finance Regime?
- From Bad to Worse: The Unraveling of the Campaign Finance System
- Rethinking the Campaign Finance Agenda
- Decline and Fall? The Roberts Court and the Challenges to Campaign Finance Law
- Rolling in the Dough: The Continued Surge in Individual Contributions to Presidential Candidates and Party Committees
- Internet Fundraising in 2008: A New Model?
- Political Equality, the Internet, and Campaign Finance Regulation
- Financing the 2008 Congressional Elections: A Prospective Guide
- BCRA's Impact on the Political Expenditures of Corporate Interests
- The Interest Group Response to Campaign Finance Reform
- Finding the Cost of Campaign Advertising
- Is That a Bundle in Your Pocket, Or . . .?
- Whither Republican Women: The Growing Partisan Gap among Women in Congress
- Review
- Novak on Novak: A Review of Robert D. Novak's The Prince of Darkness: 50 Years Reporting in Washington
- Bridging Divides through Political Talk: Admirable Goal or Harmful Folly?
- Water Cooler Democracy: A Review of Hearing the Other Side: Deliberative versus Participatory Democracy by Diana C. Mutz
- Review of Richard Skinner's More than Money: Interest Group Action in Congressional Elections
- Review of Samples, The Fallacy of Campaign Finance Reform and La Raja, Small Change: Money, Political Parties, and Campaign Finance Reform
