How did the Supreme Court rule on the BCRA?

Wednesday, January 21, 2004

The justices, like the court panel that first assessed the law, was sharply divided. But the five-justice majority did speak clearly and decisively in support of almost the entire law. Justices John Paul Stevens and Sandra Day O’Connor wrote the main opinion, and Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer were also in the majority. Citing extensive evidence of the influence of campaign money on legislation and elections, the majority gave deference to Congress in fashioning laws that would prevent companies, individuals and parties from circumventing earlier campaign laws. The majority gave less weight than it usually does to First Amendment concerns, prompting dissenting Justice Antonin Scalia to call it a “sad day” for freedom of speech. Also dissenting in most parts of the decision were Chief Justice William Rehnquist, and Justices Anthony Kennedy and Clarence Thomas. The only major provision of the law struck down was the ban on campaign donations by minors. The Court unanimously agreed that this section of the law unconstitutionally infringed on the speech rights of minors.