Davis v. FEC
554 U.S. 724 · Decided June 26, 2008 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Davis v. FEC was decided on June 26, 2008 by a vote of 5–4. The Court reversed the lower court's decision and remanded the case. Justice Samuel A. Alito Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Campaign spending” in the First Amendment area. SCDB records that the Court declared an act of Congress unconstitutional.
Read the opinion
Case details
- Citations
- 554 U.S. 724 · 128 S. Ct. 2759 · 171 L. Ed. 2d 737 · 2008 U.S. LEXIS 5267
- Docket number
- 07-320
- Decided
- June 26, 2008
- Argued
- April 22, 2008
- Court era
- Roberts Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Majority opinion
- Samuel A. Alito Jr.
- Opinion assigned by
- John G. Roberts Jr.
- How the case arrived
- Appeal
- Issue (SCDB)
- Campaign spending
- Issue area
- First Amendment
- Legal provision
- 2 U.S.C. § 441
- Type of law
- Infrequently litigated statute
- Held unconstitutional
- An act of Congress
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice John Paul Stevens | Dissent | Wrote an opinion |
| Justice Antonin Scalia | Majority | |
| Justice Anthony M. Kennedy | Majority | |
| Justice David H. Souter | Dissent | |
| Justice Clarence Thomas | Majority | |
| Justice Ruth Bader Ginsburg | Dissent | Wrote an opinion |
| Justice Stephen G. Breyer | Dissent | |
| Chief Justice John G. Roberts Jr. | Majority | |
| Justice Samuel A. Alito Jr. | Majority | Wrote an opinion |
Full case caption
Davis v. FEC
SCDB identifiers: case 2007-072, docket 2007-072-01.
Related decisions
Other cases on “Campaign spending”
- Federal Election Commission v. Wisconsin Right to Life, Inc.Law held unconstitutional
- Citizens United v. Federal Election CommissionAltered precedentLaw held unconstitutional
- Neil Randall v. William H. SorrellLaw held unconstitutional
- Wisconsin Right to Life, Inc. v. Federal Election Commission
- Arizona Free Enterprise Club's Freedom Club Pac v. Ken BennettLaw held unconstitutional
- American Tradition Partnership, Inc. v. Steve BullockLaw held unconstitutional
Same Term, same area (First Amendment)
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error