CAMPAIGN SPENDING LIMITS - an idea whose time is now!

>>Go to the NVRI Legal Library now to read the court's decisions and NVRI pleadings

One of the most popular solutions for out-of-control campaign spending remains the idea of campaign spending limits. In public opinion polls, a majority of Americans jump to spending limits as one of the best ways to make politics available to all Americans. NVRI is in the forefront of the movement to make them possible. Since the Supreme Court struck federal campaign spending limits in 1976, many have argued that the ruling makes spending limits forever unconstitutional. NVRI - and our many allies - disagree.

Currently a spending limits law in Vermont - passed in 1997 - provides the best opportunity for reconsideration of campaign spending limits. In 2004, the 2nd Circuit U.S. Court of Appeals ruled that spending limits can be constitutional. The parties are preparing now for a possible Supreme Court case. You can read details of the litigation and the coalition efforts around this work.

Meanwhile, here's the latest news:

• August 2, 2005 - Video of August 2 Debate Available
  A debate co-sponsored by NVRI, US PIRG, and Common Cause features Brenda Wright and James Bopp (James Madison Center for Free Speech) on the constitutionality of campaign spending limits, as well as Adam Lioz (US PIRG) and John Lott (American Enterprise Institute) on the policy implications of spending limits. Stuart Comstock-Gay moderates.
• July 13, 2005 - NVRI Announces August 2 Debate on Campaign Spending Limits (pdf)
• June 15, 2005 - NVRI Brief on Behalf of V-PIRG & Others, Seeking Supreme Court Review of Vermont Campaign Spending Limits (pdf)
  Today, NVRI filed its brief in the Vermont campaign spending limits case, asking the Court to review the constitutionality of Vermont's campaign spending limits law. In addition, a broad coalition of U.S. Senators, state attorneys general, former U.S. Senators Bill Bradley and Alan Simpson, and others issued similar calls in a series of amicus briefs. The filings set the stage for the Court to revisit its 1976 Buckley v. Valeo decision, which struck down Congressional campaign spending limits. To read NVRI's Press Release, click here. To read NVRI's brief on behalf of Vermont-PIRG and others, click here. To read the other briefs, click on the links below:
  
  • Brief Filed by Former Senators Bill Bradley and Alan Simpson
  • Brief on Behalf of Current and Former State Court Justices and Judges
  • Brief on Behalf of Campaign Finance Reform Advocates, including The RestofUs.org, U.S. PIRG, Common Cause, League of Women Voters, Demos, Public Campaign, Citizens for Responsibility and Ethics in Washington, and ReclaimDemocracy.org
  • Brief by U.S. Senators, including John F. Reed (D-RI), Arlen Specter (R-PA), and six others
  • Brief by Secretaries of State of New Hampshire, Oregon and Wisconsin
  • Brief on Behalf of 13 State Attorneys General, Led by Connecticut Attorney General Richard Blumenthal
• May 12, 2005 - Campaign Spending Limits Moving to The Supreme Court (pdf)
  As we have expected, opponents of campaign spending limits asked the Supreme Court to look at Vermont's spending limits case. NVRI will soon join their request to the court, and seek the Court's consideration of this critical issue. After 10 years of working on this, we are closer than ever to a full Supreme Court review. If you want to read the petition from the plaintiffs, it is here, too. NVRI and our many colleagues will be filing our own briefs by the middle of June.
• April 27, 2005 - The NFL's Salary Cap, Baseball and Politics
  Executive Director Stuart Comstock-Gay, in a piece published by UPI, compares the NFL's salary cap with the lack of one in baseball -- and politics -- and founds the former a good model.
• April 12, 2005 - NVRI Releases Detailed Analysis of the 2nd Circuit's Landell Ruling (pdf)
  NVRI Managing Attorney Brenda Wright has prepared a full analysis of the 2nd Circuit's ruling in Landell v. Sorrell, in which she lays out the background behind the court's decision, and the details of that ruling. This ruling is a "tremendous victory for the reform movement in Vermont and nationwide," says Wright.
• April 11, 2005 - Second Circuit Issues New Dissents in Vermont Spending Limits Case (pdf)
  the Second Circuit Court of Appeals issued three new dissenting opinions in the Vermont spending law case. In a somewhat unusual move, three judges issued their dissent in the denial of a new hearing - a denial that was issued in February (see February 14 NVRI press release below). According to the order, "Other judges of the court have indicated that they expect to file opinions concurring in the denial of in banc rehearing in due course. Further dissenting opinions may also be forthcoming." So more to come… perhaps. In any case, the pens are being sharpened in this round of Buckley v. Valeo revisited.
• April 5, 2005 - NVRI Wins Court Victory Upholding Campaign Spending Limits at Colleges (pdf)
  Students at the University of Montana will keep their $100 spending cap for student government elections, thanks to a ruling last week by a Montana Federal judge. Chief United States District Judge Donald Molloy stated that the spending cap of $100 for ASUM elections is important to:
  "assure that all students, regardless of personal or financial circumstances, have equal access to the educational opportunities ASUM participation provides. If we reach the stage where participation in student government is perceived as only given to those interests with large money contributions, the fundamental predicate of student governance breaks down. When the cynicism of wealth invades the academy, students learn not the lessons of orderly governance but instead are imbued with the anti-egalitarian notion that wealth is power."
  We couldn't agree more. And we hope this is a sign of good things for the Vermont spending limits case, which should soon be heard by the U.S. Supreme Court. To read NVRI's press release about this case, click here, or to read the opinion, click here.
• April 5, 2005 - Legislation for Campaign Spending  (pdf)
  While the Supreme Court will soon be deciding whether or not to review Vermont's campaign spending limits case, legislators in other states are not wasting time in introducing new measures for their own states. The August 2004 ruling by the U.S. Court of Appeals for the 2nd Circuit -- saying spending limits can indeed be Constitutional when narrowly drawn, (click here for the story) -- makes spending limits a tool that other advocates are eager to implement. NVRI is working with our allies at PIRG and TheRestOfUs.org to prepare legislation in states and localities across the country to institute spending caps. Massachusetts was the first to see limits legislation. A bill introduced by Representative Douglas W. Petersen (8th Essex) will be heard later this Spring by the Massachusetts General Assembly.
• March 8, 2005 - NVRI E-News: Spending Limits to the Supreme Court?
  While we could not convince the Supreme Court to reconsider campaign spending limits last fall, the case from Vermont looks more and more like the once-in-a-generation chance for the court to get it right on spending limits. As regular readers of our e-news know, the 2nd Circuit Court of Appeals last August ruled spending limits can be constitutional -- the first time a federal appeals court has ever said this. Early in February, the Appeals Court denied a request from the plaintiffs to reconsider their ruling. And just 10 days ago, the plaintiffs said they will appeal directly to the Supreme Court. Because the Court now faces an opinion that challenges their 1976 Buckley v. Valeo ruling, we remain optimistic that we'll be able to make the case that it's time for a change in the money and politics world. We had dozens of supporters of our effort before, and expect them to join us again in this effort. To read about the case, click here.
• February 14, 2005 - Press Release: Campaign Spending Limits Upheld Still (pdf)
• November 29, 2004 - Advocates Vow Continued Defense of Campaign Spending Limits Following Supreme Court's Denial of Review in Albuquerque Spending Limits Case (pdf)
• September 25, 2004 - Boston Globe Editorializes in Favor of a Review of Buckley v. Valeo (pdf)
• August 18, 2004 - Second Circuit Court of Appeals Finds Campaign Spending Limits Constitutional Under Right Conditions (pdf)

Read more about the Buckley v. Valeo litigation and coalition building work.