High court strikes down another law on campaign funds

But ruling doesn’t attack the notion of public financing

June 28, 2011|By Mark Sherman, Associated Press
  • In her dissent, Justice Elena Kagan said the Arizona law had provided for more, not less, political speech.
In her dissent, Justice Elena Kagan said the Arizona law had provided for…

WASHINGTON — The Supreme Court imposed new limits yesterday on states trying to restrain the influence of money in politics, striking down a law that tied the amount of public funds a candidate receives to spending by his or her rivals.

The 5-to-4 ruling was the latest in a series of decisions by the court’s conservative majority upending campaign finance laws. But the court did not attack the validity of using public funds for campaign financing, giving a glimmer of hope to advocates of restrictions on spending in political campaigns.

Instead, Chief Justice John Roberts’s majority opinion dwelled on the so-called trigger mechanism in an Arizona law that provided differing levels of money to publicly funded candidates, based on the spending by privately funded rivals and independent groups.

The law was passed after a public corruption scandal and was intended to reward candidates who forgo raising their own campaign cash, even in the face of heavy spending by opponents with private money.

Those who challenged the Arizona law said it caused them to rein in spending to prevent their political opponents from getting a fresh infusion of state money.

The court said the trigger violates the First Amendment but left in place the rest of Arizona’s public financing system.

“Laws like Arizona’s matching funds provision that inhibit robust and wide-open political debate without sufficient justification cannot stand,’’ Roberts said.

At least four other states, Maine, New Mexico, North Carolina, and Wisconsin, have similar trigger provisions that affect some political races, and they could be vulnerable.

Senate Republican leader Mitch McConnell of Kentucky praised the decision. “The Supreme Court ruled that a state cannot use taxpayer funds to punish a successful political campaign,’’ McConnell said.

William Maurer, an attorney with the Institute for Justice representing the challengers, said the court reaffirmed its opposition to campaign spending laws that seek to level the playing field.

But Justice Elena Kagan said in dissent that the law was a reasonable response to political scandal. Reading a dissent aloud for the first time since joining the court last year, Kagan said that by providing candidates with additional money, the law actually provided for more, not less, political speech.

Arizonans “passed a law designed to sever political candidates’ dependence on large contributors,’’ Kagan said. “It put into effect a public financing system that attracted large numbers of candidates at a sustainable cost to the state’s taxpayers.’’

Justices Stephen Breyer, Ruth Bader Ginsburg, and Sonia Sotomayor signed onto Kagan’s dissent.

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