Skip to main content

View Diary: SCOTUS: Vermont Campaign Finance Law Is Unconstitutional (143 comments)

Comment Preferences

  •  Nice - but maybe Pollyannaish-nice (1+ / 0-)
    Recommended by:
    libertarian soldier

    Yes, it is possible to argue that a decision such as this can provide a doctrinal basis for judicial intervention to ensure the integrity of the political process -- gerrymandering being an obvious application.  But, really, it would not be hard for the Court in that event to say "nah, we were talking specifically about a circumstance in which strict scrutiny applies, and in which we had to be concerned with the narrow tailoring of the law."  That would not be at issue in a gerrymandering case.

    Pildes's statement that "none of the harms noted above involve individual First Amendment rights in any conventional sense" seems baffling.  If a low contribution limit prevents candidates from accepting contributions sufficient for them to challenge incumbents, and donors from offering such contributions, then if you buy the "money = speech" premise (as the Court still does) how is this not implicating an individual First Amendment right?  Could something other than strict scrutiny apply?  Well, assuming not, that means narrow tailoring.

    While it's a good insight to see that this could be used as a positive precedent, I have a hard time imagining where the fifth vote would come from to actually put it to such use outside of a context where narrow tailoring is required.

    My apologies to students who took my U.S. Government class in the 90s: evidently the Constitution doesn't limit Presidential power after all. Who knew?

    by Major Danby on Mon Jun 26, 2006 at 12:01:23 PM PDT

    [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (157)
  • Community (73)
  • Elections (44)
  • Bernie Sanders (42)
  • Environment (42)
  • 2016 (41)
  • Hillary Clinton (35)
  • Spam (34)
  • Culture (33)
  • Republicans (33)
  • Media (31)
  • Climate Change (31)
  • Civil Rights (27)
  • Labor (27)
  • Science (24)
  • Congress (24)
  • Education (24)
  • Law (23)
  • Trans-Pacific Partnership (22)
  • Barack Obama (22)
  • Click here for the mobile view of the site