JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Thursday, June 16, 2011

DOJ appeals decision striking down ban on direct corporate campaign contributions
Zach Zagger at 3:21 PM ET

Photo source or description
[JURIST] The US Department of Justice (DOJ) [official website] filed a notice of appeal [text, PDF] Thursday in the US Court of Appeals for the Fourth Circuit [official website] to challenge a decision to strike down a federal law that bans corporations from making direct campaign contributions to candidates. The appeal is challenging a decision last month by Judge James Cacheris to dismiss a criminal count [JURIST report] against two men charged with making illegal campaign contributions, citing the controversial Supreme Court decision in Citizens United [opinion; JURIST report]. Fundraisers, William P Danielczyk Jr, chairman of Virginia-based Galen Capital, and its secretary and treasurer, Eugene R Biagi, were indicted for illegally reimbursing individuals for almost $200,000 in contributions to Hillary Clinton's 2006 senate and 2008 presidential primary campaign.

In dismissing the count, Cacheris stated that Citizens United had dissolved the legal underpinnings for the federal ban against direct contributions from corporations to a candidate. Commentators have noted that Cacheris' opinion does not address the 2003 Supreme Court decision in Federal Election Commission v. Beaumont [opinion], which specifically upheld a ban on corporate contributions to election campaigns. Although Cacheris does acknowledge that another federal judge ruled on the same question but upheld the law, his opinion is silent on the Eighth Circuit's appellate ruling likewise upholding the ban. Cecheris' ruling does not follow the distinction between expenditures and contributions [AP report] upheld by the Eighth Circuit. Despite strong reactions to the ruling, the net impact is unclear because current election law limit individuals to $2,500 per candidate in each election, while corporate political action committees may contribute up to $5,000.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 New Bolivia law allows president to run for third term
4:08 PM ET, May 21

 Guatemala court voids ex-dictator Rios Montt's genocide conviction
3:37 PM ET, May 21

 UN urges Afghanistan to approve women's rights legislation
9:02 AM ET, May 21

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org