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Decided

Davis v. FEC

Docket No.07-320
Op. BelowD. D.C.
ArgumentApr 22, 2008

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 Samuel Alito on Jun 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.

Proceedings & orders timeline

Sep 7, 2007
Statement as to jurisdiction filed. (Response due October 11, 2007)
Oct 9, 2007
Order extending time to file response to petition to and including November 13, 2007.
Nov 13, 2007
Order further extending time to file response to petition to and including December 4, 2007.
Dec 4, 2007
Motion to dismiss or affirm filed by appellee Federal Election Commission.
Dec 19, 2007
DISTRIBUTED for Conference of January 11, 2008.
Jan 11, 2008
Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The brief of appellant is to be filed on or before Wednesday, February 20, 2008. The brief of appellee is to be filed on or before Wednesday, March 19, 2008. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rules of this Court.
Jan 30, 2008
SET FOR ARGUMENT ON Tuesday, April 22, 2008.
Feb 20, 2008
Joint appendix filed. Statement of costs received.
Feb 20, 2008
Brief of appellant Jack Davis, Appellant filed.
Feb 27, 2008
Brief amicus curiae of Cato Institute filed.
Feb 27, 2008
Brief amici curiae of Gene DeRossett, and J. Edgar Broyhill II filed.
Feb 27, 2008
Brief amicus curiae of Center for Competitive Politics filed.
Feb 27, 2008
Brief amici curiae of James Madison Center for Free Speech and Citizens United filed.
Mar 11, 2008
Record received from U.S.D.C. for the District of Columbia Circuit. (1 box)
Mar 19, 2008
Brief of appellee Federal Election Commission filed.
Mar 20, 2008
CIRCULATED.
Mar 26, 2008
Brief amicus curiae of Common Cause filed. (Distributed)
Mar 26, 2008
Brief amici curiae of Democracy 21, et al. filed. (Distributed)
Apr 11, 2008
Reply of appellant Jack Davis, Appellant filed. (Distributed)
Apr 22, 2008
Argued. For appellant: Andrew D. Herman, Washington, D.C. For appellee: Paul D. Clement, Solicitor General, Department of Justice, Washington, D.C.
Jun 26, 2008
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined, and in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined as to Part II. Stevens, J., filed an opinion concurring in part and dissenting in part, in which Souter, Ginsburg, and Breyer, JJ., joined as to Part II. Ginsburg, J., filed an opinion concurring in part and dissenting in part, in which Breyer, J., joined.
Jul 28, 2008
JUDGMENT ISSUED.

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