Davis v. FEC

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.

Briefs and Documents

Certiorari stage

• Opinion below (D.C. Circuit)
• Jurisdictional statement
• Motion to dismiss or affirm

Merits stage

Merits briefs [via ABA]

• Brief for Appellant Jeff Davis
• Brief for Appellee Federal Election Commission

Amicus briefs

• Brief for Center for Competitive Politics in Support of Appellant
• Brief for Gene DeRossett and J. Edgar Broyhill II in Support of Appellant
• Brief for the James Madison Center for Free Speech and Citizens United in Support of Appellant
• Brief for Democracy 21, the Campaign Legal Center, the Brennan Center for Justice at NYU School of Law, and Public Citizen, Inc., in Support of Appellee
• Brief for Common Cause in Support of Appellee
• Brief for the CATO Institute in Support of Neither Party