Campaign-finance law heads to court
By The Associated Press
11.25.02
Printer-friendly page
WASHINGTON — Kentucky Sen. Mitch McConnell's fight against the campaign-finance overhaul approved by Congress six months ago will be heard by a federal panel of judges next month.
The case of McConnell v. Federal Election Commission goes before a three-judge panel in U.S. District Court in Washington on Dec. 4 for two days of arguments.
McConnell, R-Ky., and a group of allies that includes the American Civil Liberties Union, will face off against advocates of the reform in a test of how far the government can go to restrict campaign donations and advertising in the name of combating political corruption.
The judicial panel is expected to rule by late January or early February, and an appeal would go immediately to the U.S. Supreme Court before that court's current term ends in June.
The new law took effect Nov. 6, the day after the midterm elections.
Meanwhile, Hawaii Right to Life on Nov. 22 asked a federal judge in Washington to block enforcement of ad restrictions in the new campaign-finance law, saying they are blocking the group from expressing its views on two special congressional elections in the state.
The Hawaii elections Nov. 30 and Jan. 4 to fill a vacancy created by the death of Democratic Rep. Patsy Mink are to be the first conducted under the new law. One key provision prohibits a range of interest groups from airing political ads that mention federal candidates close to elections.
Hawaii Right to Life asked the court to block the FEC from enforcing the restrictions, which it says violate its free-speech rights.
It also asked the court to overturn FEC rules defining the types of ads not-for-profit groups can air without having to report their donations and spending to the commission, arguing the rules are unconstitutional.
No hearing date was immediately set. The group had asked U.S. District Judge Henry Kennedy to rule on the request today. The group hoped to start airing ads in Hawaii tomorrow, said James Bopp Jr., general counsel for the Indiana-based James Madison Center for Free Speech, which is representing Hawaii Right to Life in its request.
While the law will govern the special House elections in Hawaii, its most significant impact will be on the 2004 elections.
"It's the most far-reaching case on campaign-finance reform to reach the Supreme Court in over a quarter of a century," said Steve Weissman, associate director for policy at the Campaign Finance Institute, a non-partisan Washington group affiliated with George Washington University.
"All of the practices to evade campaign-finance laws that grew up over the last 25 years are going to be looked at by the Supreme Court," Weissman said.
The centerpiece of the law is a ban on "soft money" — unlimited contributions made by corporations, unions and wealthy individuals to political parties.
The law also mostly prohibits corporations, unions and independent groups from airing radio and TV ads that mention or depict a candidate within 30 days of a primary and 60 days of a general election, a provision aimed at so-called "issue ads" that are designed to promote or attack a candidate.
McConnell, citing the pending court case, declined comment.
Sen. John McCain, R-Ariz., one of the chief sponsors of the law, said in an interview with Louisville's Courier-Journal that the argument for reform was made in this month's elections.
"All (the judges) have to do is look at the last election, see the money that was spent and the kind of commercials that were run by people who were unaccountable and refused to disclose even who the donors were," McCain said.
In legal briefs, McConnell and 83 other individuals and organizations contend the Bipartisan Campaign Finance Act of 2002 is "the most threatening frontal assault on core First Amendment values in a generation."
The soft-money restrictions violate the right to free speech, says Floyd Abrams, an attorney for McConnell and other plaintiffs.
"The fact that an election is coming up is a reason to allow more speech, not less speech," Abrams said.
The campaign-finance law passed the House 240-189 on Feb. 14; it passed the Senate 60-40 on March 20. The measure was signed into law by President Bush on March 27.
Update
Campaign-finance law gets day in court
New law makes sense only 'if you believe regulation is the rule and free speech is the loophole,' says First Amendment attorney Floyd Abrams.
12.04.02
Previous
Campaign-finance law takes effect
National political parties have until Jan. 1 to get rid of any soft money left in their accounts after election day; meanwhile, Colorado voters approve contribution limits.
11.06.02
Related
Political parties enter new era in campaign funding
Partisan groups are forming to take in 'soft money' that national parties are barred from raising under new law.
11.07.02
Law's sponsors claim FEC opened 'loopholes' in soft-money ban
Reps. Christopher Shays, R-Conn., and Marty Meehan, D-Mass., file federal lawsuit, saying commissioners misinterpreted law in drafting rules.
10.09.02
Hawaii pro-life group can air ads, judge rules
FEC loses early effort to enforce new campaign-finance law.
11.27.02
