Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, March 28, 1990 TAG: 9003280286
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
The court also upheld federal regulation of payments to lawyers who help coal miners win government benefits for "black lung" disability.
The campaign-spending decision was hailed by the Federal Election Commission and Common Cause as a major victory for honest government. But the American Civil Liberties Union said it unfairly discriminates against corporations.
In a 6-3 ruling, the court upheld a Michigan law challenged by that state's chamber of commerce. Twenty other states and the federal government have similar statutes.
The laws ban corporations and trade associations such as the chamber of commerce from spending money from their treasuries on behalf of political candidates.
The laws permit businesses and others to make such expenditures only if they set up special funds, or political action committees, that must keep detailed records and disclose the names of contributors.
Tuesday's decision does not affect corporate spending to promote political issues submitted to voters in ballot referendums. The ruling applies only to elections for public office.
In overturning a West Virginia Supreme Court ruling on attorney fees for black lung cases, the court ruled that the state justices' decision was based on insufficient evidence.
Pneumoconiosis, a chronic respiratory and pulmonary disease commonly called black lung, afflicts numerous coal miners.
Under the Black Lung Benefits Act, Congress provides disability payments to those miners who are unable to work because of the disease.
Those who apply for such benefits are entitled to have a lawyer's help, and lawyers who assist miners in obtaining benefits have their fees paid by the coal mine operator, its insurance carrier or the government.
To get such fees paid, a lawyer must apply separately to the Labor Department and to the official that presided over the application hearing. No fees award is made until a miner receives a final award of benefits.
The justices unanimously reversed a ruling by West Virginia's highest court that the law, and its system for awarding lawyer fees in black lung benefits cases, violates due-process rights.
The court also heard arguments over the power of state governors to withhold National Guard troops from peacetime training in Central America. A decision is expected by July.
Justice Thurgood Marshall, writing for the court, said the Michigan campaign spending statute is justified by the state's interest in preventing corruption or its appearance.
Justices Antonin Scalia Anthony M. Kennedy and Sandra Day O'Connor dissented.
Marshall also rejected arguments that the law is unconstitutional because it exempts labor unions and media corporations.
Unlike those who contribute to a corporate treasury, Marshall said, union members who disagree with the union's political activities can withhold some of their dues without giving up their membership.
He added that media corporations merit exemption to protect the role of broadcasters and publishers in reporting and commenting on newsworthy events.
Common Cause, a group that advocates strict control over campaign spending, praised the ruling.
But Arthur Spitzer of the American Civil Liberties Union said the ruling unfairly singles out corporations.
"This kind of discrimination makes no sense to us," he said. He also said the decision "is an indictment of democracy" because it suggests people will vote for candidates based on how much money they spend, not what they stand for.
by CNB