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High court steps into campaign limits fight

By Associated Press
Published September 28, 2005

WASHINGTON - The Supreme Court said Tuesday it will take a new look at spending limits on candidates and interest groups, giving President Bush's court picks an immediate chance to rewrite rules for politicians and deep-pocket donors.

The new chief justice and the successor to Justice Sandra Day O'Connor will be key players in the latest free-speech clash over the influence of money in elections.

Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas have opposed government meddling in political speech and may find new muscle in the new justices.

O'Connor's retirement could shift the balance of the court away from upholding limits. Bush is expected to name her replacement soon.

John Roberts could be confirmed by the Senate this week as chief justice, replacing the late William Rehnquist, who sometimes endorsed limits on campaign giving.

"I think we're likely to enter into an era where the court is more skeptical and will strike down campaign finance rules," said Richard Hasen, an election law expert at Loyola Law School.

The court just two years ago on a 5-4 vote upheld the broadest restrictions on campaign donations in nearly 30 years. O'Connor was an author of the decision, which prompted Scalia to write that it was "a sad day for the freedom of speech."

The Supreme Court term begins next week, and justices on Tuesday released a list of about a dozen cases that will be reviewed. Among them were a new challenge to the 2002 federal law, known as "McCain-Feingold" for its chief Senate sponsors, and a test of strict contribution and spending limits in Vermont.

"It's hard to overestimate how significant these two cases are together," said James Bopp Jr., an attorney involved in both.

An antiabortion group, Wisconsin Right to Life, was barred last year from running ads that mentioned Sen. Russell Feingold, a Wisconsin Democrat who was up for re-election. Bopp said an exception should be made for grass-roots issue ads that coincide with elections.

The Vermont case requires justices to revisit their 1976 decision in a case known as Buckley vs. Valeo. It struck down limits on candidates' spending but allowed restrictions on contributions to federal candidates.

Opponents and supporters of the 1998 Vermont campaign finance law had encouraged the high court to resolve whether spending limits are permissible.

A federal appeals court had largely upheld the state law that limits individual contributions to a candidate to $200 or $400 per election cycle, depending on the office being sought. It also says no one running for governor can spend more than $300,000 per election cycle and sets smaller caps for lower-tier candidates.

[Last modified September 28, 2005, 02:45:05]


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