| Davis v. Federal Election Commission | |
|---|---|
 | |
| Argued April 22, 2008 Decided June 26, 2008 | |
| Full case name | Jack Davis, Appellant v. Federal Election Commission |
| Docket no. | 07-320 |
| Citations | 554 U.S. 724 (more) 128 S. Ct. 2759; 171 L. Ed. 2d 737 |
| Questions presented | |
| Does the so-called "Millionaire's Amendment" to the McCain-Feingold law, which increases the limit on financial contributions to nominees who are running against self-funded opponents in political campaigns, violate the Free Speech Clause of the First Amendment and/or Due Process Clause of the Fifth Amendment to the Constitution of the United States of America. | |
| Holding | |
| Limitations on financial contributions to political campaigns of candidates whose opponents are self-funding their own campaigns may not be raised beyond whatever their opponents can legally contribute. Section 319 of the Bipartisan Campaign Reform Act of 2002 (2 U.S.C. 441a-1) is unconstitutional because it violates the Free Speech Clause of the First Amendment. | |
| Court membership | |
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| Case opinions | |
| Majority | Alito, joined by Roberts, Scalia, Kennedy, Thomas; Stevens, Souter, Ginsburg, Breyer (Part II) |
| Concur/dissent | Stevens, joined by Souter, Ginsburg, Breyer (Part II) |
| Concur/dissent | Ginsburg, joined by Breyer |
| Laws applied | |
| U.S. Const. amend. I; 2 U.S.C. § 441a–1(a) and (b) (section 319(a) and (b) of the Bipartisan Campaign Reform Act of 2002) | |
Davis v. Federal Election Commission, 554 U.S. 724 (2008), is a decision by the Supreme Court of the United States which held that section 319 (popularly known as the "Millionaire's Amendment") of the Bipartisan Campaign Reform Act of 2002 (popularly known as the McCain-Feingold law) unconstitutionally infringed on candidates' rights as provided by First Amendment.