Eddleman

Montana Right to Life Ass'n v. Eddleman

Good Law
343 F.3d 1085·2003 WL 22097873
United States Court of Appeals for the Ninth CircuitSeptember 11, 2003No. 00-35924California10,694 words

Opinion

Lead Opinion

Silverman, J.

Opinion by Judge SILVERMAN; Opinion dissenting in part by Judge TEILBORG.

In 1994, Montana voters passed various campaign finance reform measures contained in a ballot proposition known as Initiative 118. At issue in this case are two of the provisions contained in that initiative. The first lowers the maximum dollar amount both political action commit *1088 tees and individuals may contribute to a political candidate; the second limits the aggregate dollar amount a candidate may receive from all PACs combined. Plaintiffs-appellants brought suit to invalidate some of the measures in Initiative 118, claiming they unduly burdened protected speech and associational rights. After a four-day bench trial, the district court made numerous factual findings and struck down portions of Initiative 118 not at issue here. As to the two provisions challenged on appeal, the district judge upheld them as sufficiently tailored to achieving Montana’s important interest in preventing corruption and the appearance of corruption in Montana politics.

We affirm. The district court’s factual findings are adequately supported by the record and are not clearly erroneous. Applying these facts to the…

Dissenting Opinion

Teilborg, J.

Dissenting in Part:

Under Buckley, contribution limitations can be upheld only “if the State demonstrates a sufficiently important interest and employs means closely drawn to avoid unnecessary abridgment of associational freedoms.” Buckley v. Valeo, 424 U.S. 1, 25 , 96 S.Ct. 612 , 46 L.Ed.2d 659 (1976). I agree with the majority that Montana has *1099 a sufficiently important interest in preventing corruption and the perception of corruption in Montana elections. I do not disagree with the majority in upholding 'the individual contribution limits placed on individuals and PACs. Such limits are closely drawn to the significant interest of preventing improper influence, and quid pro quo arrangements arising from large contributions. As intended, the individual limits target the upper 10% of contributions.

Where I depart from the majority is on the constitutionality of the aggregate PAC contribution limit. I disagree that the State has demonstrated a “genuine threat to its important governmental interests” or has “employ[ed] means closely drawn to avoid unnecessary abridgment” of protected activity. Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley, 454…

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