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Friday, January 11, 2008

Supreme Court to hear challenge to the Millionaire's Exemption to Campaign Finance Reform

Rick Hasen posted that the Supreme Court has agreed to hear the case of Davis v. FEC concerning the constitutionality of the provision of the Bipartisan Campaign Reform Act that allows politicians to spend past the regular BCRA limits if their opponent is a self-funding millionaire spending more than $350,000. I'd blogged about this in November. It was clever of those congressmen to write such a provision into their bill to protect themselves just in case they got into a race against a millioinaire. Of course, this is total incumbent protection and has nothing to do with the whole presumption that getting donations might possibly be corrupting. After all, the millionaire's own funds can't be corrupting since it's his own money. But if the millionaire is spending the big bucks, it is supposed to be all hokey-dory for the non-millionaire candidate to suddenly get triple the donations in order to match the non-corrupting money that the rich guy is spending. Where's the logic in that? (Link via Volokh)

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