Shrink Missouri Government PAC v. Adams

204 F.3d 838, 2000 WL 228251
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 20, 2000
Docket98-2351
StatusPublished
Cited by6 cases

This text of 204 F.3d 838 (Shrink Missouri Government PAC v. Adams) 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
Shrink Missouri Government PAC v. Adams, 204 F.3d 838, 2000 WL 228251 (8th Cir. 2000).

Opinions

[840]*840JOHN R. GIBSON, Circuit Judge.

This case returns to this court after we have received the judgment from the United States Supreme Court. We conclude that our appropriate course is to remand to the district court with instructions to affirm its order and judgment entered on May 12, 1998.

In our previous opinion, we held unconstitutional the contribution limits imposed by Missouri Senate Bill 650. See Shrink Missouri Gov’t PAC v. Adams, 161 F.3d 519 (8th Cir.1998), rev’d sub nom. Nixon v. Shrink Missouri Gov’t PAC, — U.S. -, 120 S.Ct. 897, 145 L.Ed.2d 886 (2000). Under these limits, the contributions made to a candidate in any one election cannot exceed $1,075 for candidates for statewide office, or for any office where the population of the electoral district is 250,000 or more; $525 for candidates for state senator, or for any office where the population of the electoral district is 100,-000 or more; and $275 for candidates for state representative or for any office where the population of the electoral district is less than 100,000. See Mo.Rev. Stat. § 130.032.1 (Supp.1997).1 We enjoined enforcement of the law pending appeal and ultimately reversed the district court’s order, which held the limits constitutional. We applied the strict scrutiny standard of review and reasoned that the State’s evidence was insufficient to prove a compelling interest that would be served by the contribution limits of SB650. See 161 F.3d at 521-22.2 The Supreme Court subsequently reviewed only the statewide limit of $1,075, and reversed and remanded. See Nixon v. Shrink Missouri Gov’t PAC, — U.S. -, 120 S.Ct. 897, 145 L.Ed.2d 886 (2000).

The decision of the Supreme Court and its judgment and mandate require that we remand to the district court with instructions to enter judgment affirming the validity of § 130.032.1 insofar as it applies to the statewide limit of $1,075. In light of that decision, we have also carefully considered our course with respect to the $525 and $275 limits. We are satisfied that the teachings of the Supreme Court in this case require reversal of our decision finding those limits invalid, which was based solely on the State’s failure to prove a compelling interest.

We need not discuss in detail the legal landscape regarding statutory limits on campaign financing as set forth by the Supreme Court, in view of the limited basis of our earlier reversal. Suffice it to say that the Court discussed the exacting scrutiny required by the First Amendment as set forth in Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976), as well as the distinction Buckley drew between expenditures and contributions and the effect of restrictions thereon with respect to speech and association rights. See Nixon, 120 S.Ct. at 903-05. Justice Souter, writing for the majority, also observed that the prevention of corruption and the appearance of corruption was found in Buckley to be a constitutionally sufficient justification for restrictions on large contributions: “In speaking of ‘improper influence’ and ‘opportunities for abuse’ in addition to ‘quid pro quo arrangements,’ we recognized [in Buckley ] a concern not confined to bribery of public officials, but extending to the broader threat from politicians too eompli-[841]*841ant with the wishes of large contributors.” Id. at 905.

The Court then examined whether there was sufficient evidence that unrestricted campaign contributions in Missouri have led to corrupt practices or an appearance of corruption to Missouri voters. The Court noted that “[t]he quantum of empirical evidence needed to satisfy heightened judicial scrutiny of legislative judgments will vary up or down with the novelty and plausibility of the justification raised.” Id. at 906. Referring to the evidentiary basis in Buckley, the Court said that “[t]he evidence before the Court of Appeals described public revelations by the parties in question more than sufficient to show why voters would tend to identify a big donation with a corrupt purpose.” /& The Court pointed out that mere conjecture has never been adequate for a successful First Amendment challenge, but finally concluded that “this case does not present a close call requiring further definition of whatever the State’s evidentiary obligation may be.” Id. at 907.

Missouri voters approved an initiative (Proposition A) with even stricter contribution limits which we held unconstitutional. See Carver v. Nixon, 72 F.3d 633, 634-35 (8th Cir.1995). The Supreme Court held that the evidence cited in the Proposition A action along with the record in this case was “enough to show that the substantiation of the congressional concerns reflected in Buckley has its counterpart supporting the Missouri law.” Nixon, — U.S. at -, 120 S.Ct. at 907. The Court cited the affidavit of State Senator Wayne Goode, the co-chair of the state legislature’s Interim Joint Committee on Campaign Finance Reform at the time the contribution limits were enacted, certain newspaper accounts, and the Eighth Circuit and district court opinions in Carver, including the perception demonstrated by the statewide vote that “contribution limits are necessary to combat corruption and the appearance thereof.”3 Id. at 907-08 (quoting Carver v. Nixon, 882 F.Supp. 901, 905 (W.D.Mo.1995)). The Court pointed out that more evidentiary support might have been required had the plaintiffs done more to challenge the implications of the defendants’ evidence. See id. at 908. However, the only challenge came in the form of academic studies, which conflicted with other similar studies. See id. The Supreme Court’s ruling that there was sufficient evidence in Senator Goode’s affidavit to support the statewide limits applies equally to the contribution limits for state senatorial and house districts and local elections.

The Supreme Court also rejected the plaintiffs’ argument that the limits in this case differ in kind from the Buckley limits because of inflation. See id. at 909. It made clear that it was not called upon to overrule Buckley in deciding this ease. See id.

When we first considered this case, two judges agreed that the contribution limits are not different in kind from those approved in Buckley. Our reasoning extended not only to the statewide limit but also to the lower limits for other legislative districts. We there stated:

When we compare the $1,075 contribution limit4 imposed by Senate Bill 650 for each election with the $1,000 upheld by Buckley, there is simply no difference in kind. The $1,075 limit applies to statewide races, just as Buckley’s $1,000 [842]*842limit applies to the Senate, a statewide race, and the presidential elections. Buckley’s reasoning would similarly uphold Senate Bill 650’s lower contribution limits in non-statewide elections. When one accounts for the lower number of voters in non-statewide electoral districts, the limits at issue compare favorably with the $1,000 limit in Buckley,

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REPUBLICAN PARTY OF MINNESOTA, AN ASSOCIATION INDIAN ASIAN AMERICAN REPUBLICANS OF MINNESOTA, AN ASSOCIATION REPUBLICAN SENIORS, AN ASSOCIATION YOUNG REPUBLICAN LEAGUE OF MINNESOTA, a MINNESOTA NONPROFIT CORPORATION MINNESOTA COLLEGE REPUBLICANS, AN ASSOCIATION, — GREGORY F. WERSAL, INDIVIDUALLY, CHERYL L. WERSAL, INDIVIDUALLY MARK E. WERSAL, INDIVIDUALLY CORWIN C. HULBERT, INDIVIDUALLY, — CAMPAIGN FOR JUSTICE, AN ASSOCIATION, MINNESOTA AFRICAN AMERICAN REPUBLIC COUNCIL, AN ASSOCIATION, — MUSLIM REPUBLICANS, AN ASSOCIATION MICHAEL MAXIM, INDIVIDUALLY KEVIN J. KOLOSKY, INDIVIDUALLY v. SUZANNE WHITE, IN HER CAPACITY AS CHAIRPERSON OF THE MINNESOTA BOARD OF JUDICIAL STANDARDS, OR HER SUCCESSOR EDWARD J. CLEARY, IN HIS CAPACITY AS DIRECTOR OF THE MINNESOTA OFFICE OF LAWYERS PROFESSIONAL RESPONSIBILITY, OR HIS SUCCESSOR CHARLES E. LUNDBERG, IN HIS CAPACITY AS CHAIR OF THE MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD, OR HIS SUCCESSOR, — MINNESOTA CIVIL LIBERTIES UNION, AMICUS ON BEHALF OF THE MINNESOTA STATE BAR ASSOCIATION, AMICUS ON BEHALF OF REPUBLICAN PARTY OF MINNESOTA, AN ASSOCIATION INDIAN ASIAN AMERICAN REPUBLICANS OF MINNESOTA, AN ASSOCIATION REPUBLICAN SENIORS, AN ASSOCIATION YOUNG REPUBLICAN LEAGUE OF MINNESOTA, a MINNESOTA NONPROFIT CORPORATION MINNESOTA COLLEGE REPUBLICANS, AN ASSOCIATION MINNESOTA AFRICAN AMERICAN REPUBLIC COUNCIL, AN ASSOCIATION CHERYL L. WERSAL, INDIVIDUALLY MARK E. WERSAL, INDIVIDUALLY CORWIN C. HULBERT, INDIVIDUALLY GREGORY F. WERSAL, INDIVIDUALLY CAMPAIGN FOR JUSTICE, AN ASSOCIATION MUSLIM REPUBLICANS, AN ASSOCIATION, MICHAEL MAXIM, INDIVIDUALLY, — KEVIN J. KOLOSKY, INDIVIDUALLY v. SUZANNE WHITE, IN HER CAPACITY AS CHAIRPERSON OF THE MINNESOTA BOARD OF JUDICIAL STANDARDS, OR HER SUCCESSOR EDWARD J. CLEARY, IN HIS CAPACITY AS DIRECTOR OF THE MINNESOTA OFFICE OF LAWYERS PROFESSIONAL RESPONSIBILITY, OR HIS SUCCESSOR CHARLES E. LUNDBERG, IN HIS CAPACITY AS CHAIR OF THE MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD, OR HIS SUCCESSOR, — THE MINNESOTA STATE BAR ASSOCIATION, AMICUS ON BEHALF OF REPUBLICAN PARTY OF MINNESOTA, AN ASSOCIATION INDIAN ASIAN AMERICAN REPUBLICANS OF MINNESOTA, AN ASSOCIATION REPUBLICAN SENIORS, AN ASSOCIATION YOUNG REPUBLICAN LEAGUE OF MINNESOTA, a MINNESOTA NONPROFIT CORPORATION MINNESOTA COLLEGE REPUBLICANS, AN ASSOCIATION, GREGORY F. WERSAL, INDIVIDUALLY, — CHERYL L. WERSAL, INDIVIDUALLY MARK E. WERSAL, INDIVIDUALLY CORWIN C. HULBERT, INDIVIDUALLY CAMPAIGN FOR JUSTICE, AN ASSOCIATION — MINNESOTA AFRICAN AMERICAN REPUBLIC COUNCIL, AN ASSOCIATION MUSLIM REPUBLICANS, AN ASSOCIATION MICHAEL MAXIM, INDIVIDUALLY KEVIN J. KOLOSKY, INDIVIDUALLY, — v. SUZANNE WHITE, IN HER CAPACITY AS CHAIRPERSON OF THE MINNESOTA BOARD OF JUDICIAL STANDARDS, OR HER SUCCESSOR EDWARD J. CLEARY, IN HIS CAPACITY AS DIRECTOR OF THE MINNESOTA OFFICE OF LAWYERS PROFESSIONAL RESPONSIBILITY, OR HIS SUCCESSOR CHARLES E. LUNDBERG, IN HIS CAPACITY AS CHAIR OF THE MINNESOTA LAWYERS PROFESSIONAL RESPONSIBILITY BOARD, OR HIS SUCCESSOR, — THE MINNESOTA STATE BAR ASSOCIATION, AMICUS ON BEHALF Of
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Shrink Missouri Government PAC v. Adams
204 F.3d 838 (Eighth Circuit, 2000)

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Bluebook (online)
204 F.3d 838, 2000 WL 228251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shrink-missouri-government-pac-v-adams-ca8-2000.