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McConnell v FEC: District Court: Defendants' Briefs

Defendant-Intervenors' Excerpts of Reply Brief of Defendants

Cover, Table of Contents and Introduction

Section I: Title I is Constitutional

Section II: BCRA's Regulation of Electioneering Communications is Constitutional

Section III: BCRA's Coordination Provisions are Constitutional

Section IV: The Millionaire's Amendments are Constitutional


Defendants' Joint Opposition Brief in Support of the Reform Act

The governmental defendants and the intervenor-defendants (the principal congressional sponsors of the Reform Act) jointly submitted their opposition brief on November 20. In it, they respond separately to the legal case presented by their opponents in their opening briefs.

Part A: Joint Introduction, Party and Candidate Soft Money Provisions (Governmental Defendants)

Part B: Party and Candidate Soft Money Provisions (Governmental Defendants)

Part C: Party and Candidate Soft Money Provisions (Intervenors)

Part D: Party and Candidate Soft Money Provisions (Intervenors)

Part E: Electioneering Communications (Governmental Defendants)

Part F: Electioneering Communications (Governmental Defendants)

Part G: Party and Candidate Soft Money Provisions (Governmental Defendants)

Part H: Party and Candidate Soft Money Provisions (Governmental Defendants)

Part I: Electioneering Communications (Intervenors)

Part J: Electioneering Communications, Coordination (Intervenors)

Part K: Titles III and IV (Governmental Defendants and Intervenors)


Defendants' Opening Brief in Support of the Reform Act

This is the opening brief filed in support of the Reform Act by the defendants in McConnell v. FEC. The governmental defendants in the suit - the U.S. Department of Justice and the Federal Election Commission - responded to plaintiffs' allegations in one brief, and the "intervenor-defendants" - the congressional sponsors of the Reform Act - addressed the allegations in another. These briefs were then jointly submitted to the court as a combined, "omnibus" brief. The brief has been redacted to exclude matters designated confidential by various parties.

Congressional Sponsors' ("Intervenor-Defendants") Brief

Governmental Defendants' Brief, Part A: Introduction, Summary, Factual and Legal Background

Part B: Factual and Legal Background

Part C: Factual and Legal Background

Part D: Factual and Legal Background, Party and Candidate Soft Money Provisions

Part E: Party and Candidate Soft Money Provisions

Part F: Party and Candidate Soft Money Provisions

Part G: State Party Soft Money Provisions

Part H: Other Soft Money Provisions

Part I: Electioneering Communications

Part J: Electioneering Communications

Part K: Electioneering Communications

Part L: Coordination

Part M: "Millionaire's Provisions," Contributions by Minors, Increased Hard Money Contribution Limits

Part N: Disclosure