- The Washington Times - Monday, June 26, 2006

1:21 p.m.

The Supreme Court ruled today that Vermont’s limits on contributions and spending in political campaigns are too restrictive and improperly hinder the ability of candidates to raise money and speak to voters.

In a fractured set of opinions, justices said they were not sweeping aside 30 years of election finance precedent but rather finding only that Vermont’s law — the strictest in the nation — sets limits that unconstitutionally hamstring candidates.

The majority took issue with Vermont legislators for “constraining speech” by telling candidates and voters how much campaigning was enough.

President Bush’s two appointees to the court — Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. — sided with the majority in overturning Vermont’s law.

In one of six separate opinions, Justice Stephen Breyer said a majority of justices found Vermont’s limitations on contributions and spending were unconstitutional.

“That is to say, they impose burdens upon First Amendment interests that [when viewed in light of the statute’s legitimate objectives] are disproportionately severe,” Justice Breyer wrote.

In 1997, Vermont passed its campaign finance law, placing a $300,000 spending cap on gubernatorial candidates and lesser limits for other state political contests. Contributions to state campaigns were limited to as little as $200 per election cycle for state House races.

“At some point, the constitutional risks to the democratic electoral process become too great,” Justice Breyer wrote. Preventing corruption or its appearance is a noble goal, “yet that rationale does not simply mean ‘the lower the limit, the better.’”

Justice Breyer said Vermont’s law was so strict, especially on contributions, that it “could itself prove an obstacle to the very electoral fairness it seeks to promote.”

Several justices wanted to overturn a 1976 high court ruling in Buckley v. Valeo, but for different reasons.

Justices Anthony M. Kennedy, Clarence Thomas and Antonin Scalia have long wanted to overturn the case that they blame for much of the confusion in campaign finance rules nationally.

But Justice John Paul Stevens said the 1976 ruling needs to be revisited because it did not deal squarely with the constitutionality of expenditure limits in campaigns.

The 1976 ruling made a distinction between limiting contributions and curtailing spending. The court in that case said contributions to candidates’ campaigns could be capped without infringing freedom of speech but that spending could not be limited because it could improperly reduce discussion of key issues.

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