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The Supreme Court on campaign finance, and John McCain on the Supreme Court.

Adam Liptak on the new campaign finance case:

The law at issue [in Davis v. F.E.C.] imposed special rules in races with candidates who finance their own campaigns. Those candidates are required to disclose more information, and their opponents are allowed to raise more money.

... But the millionaire?s amendment, part of the 2002 McCain-Feingold campaign finance law, is based on a different rationale: that of compensating for the additional financial resources available to candidates willing to spend their own money....

The law was a response to Supreme Court rulings that forbid limits on the amount that candidates can spend on their own behalf. But Justice Alito wrote that the legislative response was unconstitutional because it ?imposes an unprecedented penalty on any candidate who robustly exercises? free speech rights guaranteed by the First Amendment. Rich candidates, Justice Alito said, must ?choose between the First Amendment right to engage in unfettered political speech and subjection to discriminatory fundraising limitations.?

I approve. Liptak quotes lawprof Richard Pildes:

"It?s deeply dangerous for Congress to change the ground rules for individual races based on a judgment about what?s fair.

"[T]he opinion is written in a way that portends an unsympathetic response to campaign finance regulations to go anywhere beyond the existing structure."

Good.

Now, what did John McCain say about the news about his law?

"The 'Millionaire's Amendment' was not part of the original legislation, and was added on the floor during debate," McCain said in a statement...

?Today's Supreme Court decision in Davis v. FEC does not affect the Court's landmark ruling in McConnell v. Federal Election Commission upholding the constitutionality of the soft money ban contained in BCRA. That ban is at the core of the reforms I worked for in the long bipartisan fight to pass campaign finance reform."

So, he's not taking responsibility for the provision the Court held unconstitutional, because it wasn't part of the original plan? But amendments to original plans matter. For example, the First Amendment to the United States Constitution matters.

And McCain is pleased with McConnell, but that case came out the way it did because of Justice O'Connor's vote, and her replacement Samuel Alito wrote today's opinion.

McCain is running for President saying that he will appoint Supreme Court Justices like Alito.

Something doesn't add up.

Full post as published by Althouse on June 26, 2008 (boomark / email).