MO Republican Party v. Charles G. Lamb

270 F.3d 567
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 2, 2001
Docket00-1773, 00-2686
StatusPublished
Cited by1 cases

This text of 270 F.3d 567 (MO Republican Party v. Charles G. Lamb) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MO Republican Party v. Charles G. Lamb, 270 F.3d 567 (8th Cir. 2001).

Opinions

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is a suit to enjoin the enforcement of Mo.Rev.Stat. § 130.032.4 and § 130.032.7, which limit the amount of cash and in-kind contributions that political parties may make to a candidate for public office, and provide penalties for violating the limitations that those statutes set. The plaintiffs (a political party, candidate committees, and candidates for public office) asserted that these statutes violated their rights of free speech under the First Amendment. When the district court refused to grant the plaintiffs relief, we reversed and remanded with instructions to the district court to enter an injunction. See Missouri Republican Party v. Lamb, 227 F.3d 1070 (8th Cir.2000), cert, granted and opinion vacated sub nom. Nixon v. Missouri Republican Party, — U.S. —, 121 S.Ct. 2584, 150 L.Ed.2d 745 (2001) (mem.). The state of Missouri then sought a writ of certiorari from the United States Supreme Court; the Supreme Court granted the writ, vacated our judgment, and directed us to reconsider the case in light of Federal Election Comm’n v. Colorado Republican Fed. Campaign Comm., 533 U.S. 431, 121 S.Ct. 2351, 150 L.Ed.2d 461 (2001) (Colorado II). See Nixon, — U.S. at—, 121 S.Ct. at 2584. Upon further consideration, we affirm the judgment of the district court.

I.

In Colorado II, the Court held that political parties’ first amendment claims are entitled to no higher level of scrutiny than claims advanced by individuals or Political Action Committees, and that a state may constitutionally limit the amount of money that a party spends in coordination with its own candidate. 121 S.Ct. at 2366. In upholding the limitations on party contributions found in 2 U.S.C.A. § 441a(d)(3), the Supreme Court held that there was sufficient evidence in the record before it to support a legislative judgment that unregulated party contributions served to circumvent the contribution limits imposed on individuals set out in 2 U.S.C. § 441a(a). “What a realist would expect to occur has occurred,” the Court said. “Donors give to the party with the tacit understanding that the favored candidate will benefit.” Id. at 2367. The Court observed that candidates raise money for parties with the understanding that the candidates will receive party support in proportion to the amount that they raise and that candidates use the promise of [570]*570future party support as an inducement when soliciting money. Id. at 2367-68. The Court further held that 2 U.S.C. § 441a(a)(8), which provides that contributions that “are in any way earmarked or otherwise directed through an intermediary or conduit to [a] candidate” are treated as contributions to the candidate, was not so effective a means of preventing circumvention that the First Amendment prevented resort to other means of prevention. The Court believed that holding otherwise would ignore “the practical difficulty of identifying and directly combating circumvention under actual political conditions.” Id. at 2370. “The earmarking provision,” the Court concluded, “would reach only the most clumsy attempts to pass contributions through to candidates,” and thus further regulation was constitutionally justifiable. Id.

This aspect of the Supreme Court’s ruling in Colorado II effectively undermines our previous conclusion that Missouri’s limitations on parties’ contributions to its candidates were unnecessary and thus unconstitutional because Missouri already had a law in place that prohibited earmarking agreements. See Lamb, 227 F.3d at 1073. The Missouri Republican Party argues vigorously, however, that there is no evidence in the present record that parties’ contributions are in fact being used to circumvent Missouri’s limitations on contributions by individuals, and that the state has therefore failed to carry its burden to justify the relevant regulation. We believe, however, that it is not necessary for the state to show that circumvention is actually occurring in Missouri, for the factual record developed in Colorado II suffices to justify Missouri’s conclusion that means other than its earmarking prohibition are necessary to prevent circumvention.

In a closely analogous situation, the Court ruled that “[t]he First Amendment does not require [a legislative body], before enacting ... an ordinance, to conduct new studies or produce evidence independent of that already generated by other [legislative bodies], so long as whatever evidence the [legislative body] relies upon is reasonably believed to be relevant to the problem that the [legislative body] addresses.” City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51-52, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986). While the state of Missouri of course did not rely on the evidence produced in Colorado II to justify its statute, it makes little constitutional sense to invalidate the statute when it would have been perfectly constitutional if it could have been shown that the Missouri legislature (in some collective sense?) had passed the statute with the proper frame of mind. In other words, we think that a statute is constitutional if there is objective evidence of facts sufficient to render that statute valid, even if those facts were not operating subjectively in the minds of the legislators to motivate them when they enacted that statute. Any other rule would prove unworkable because, among other things, the minds of legislators are largely unknowable, individual legislators have various motives for voting the same way on the same bill, and legislative history is nonexistent in many states.

In short, we think that the holding in Colorado II establishes as a matter of law the constitutionality of the Missouri statutes relevant here. We note, too, that the evidence that the Court relied on in Colorado II to uphold the federal statute was not in existence when FECA was passed: That evidence was produced by the Federal Election Commission and was based on its experience under FECA. This serves to bolster our confidence in the view already expressed that no predicate record-making by the state of Missouri is necessary be[571]*571fore the validity of its statute can be established.

Nor can we say that the limits that Missouri has set on political contributions by parties, though they are much lower than those upheld in Colorado II, are so low that they violate the First Amendment. The Supreme Court, in Nixon v. Shrink Mo. Gov’t PAC, 528 U.S. 377, 397, 120 S.Ct. 897, 145 L.Ed.2d 886 (2000), quite emphatically held that the relevant question in the context is whether contribution limits are “so radical in effect as to render political association ineffective, drive the sound of a candidate’s voice below the level of notice, and render contributions pointless.” Nothing in this record would indicate to us that these circumstances obtain in the state of Missouri at the present time.

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270 F.3d 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mo-republican-party-v-charles-g-lamb-ca8-2001.