Cases: Wisconsin Right to Life, Inc. v. FEC: Decisions / Orders

Supreme Court Rules in Favor of WRTL

On June 25, 2007, in a sharply-divided, 5-4 decision, the Supreme Court held that the "electioneering communications" funding restriction in the Bipartisan Campaign Reform Act was unconstitutional as applied to three advertisements that Appellee Wisconsin Right to Life, Inc (WRTL) wished to air during the 2004 federal election cycle. The Court ruled that only advertisements that were "susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate" could be constitutionally subject to the funding restriction. The Court found that because WRTL's ads "were not express advocacy or its functional equivalent," there was no governmental interest sufficiently compelling to justify restricting WRTL's speech.

To read the Supreme Court’s opinion, click here.

Federal Panel Issues Divided Opinion in WRTL v. FEC, et al.

On December 21, 2006, a divided panel of the U.S. District Court for the District of Columbia struck down the application of the "electioneering communications"' provisions in the Bipartisan Campaign Reform Act (BCRA) to three specific ads that the Wisconsin Right To Life corporation (WRTL) sought to air during the 2004 Wisconsin Senate election.

To read the court's opinion, click here.

To read the court order, click here.

Three-Judge Court Denies Preliminary Injunction

On September 7, 2006, a three-judge panel of the federal district court for the District of Columbia unanimously denied an injunction sought by Wisconsin Right to Life to block enforcement of the Bipartisan Campaign Reform Act of 2002 (BCRA) "electioneering communications" provisions as applied to certain proposed broadcast communications.

To view the opinion issued by the three-judge court, click here.

Chief Justice Rehnquist Denies WRTL Appeal

On September 15, 2004, Chief Justice Rehnquist denied Wisconsin Right to Life's motion for an injunction pending appeal barring application of BCRA, Title II to its ads BCRA.

Click here to read Chief Justice Rehnquist's Order.

U.S. Court of Appeals Denies WRtL emergency motion for injunction

On September 1, 2004, the U.S. Court of Appeals for the District of Columbia denied Wisconsin Righ tto Life, Inc., the emergency motion for injunction pending appeal.

Click here to read the Court of Appeals dismissal of WRtL's emergency motion for injunction.

Court Order Denies WRTL Injunction

August 12, 2004 — Today the U. S. District Court for the District of Columbia denied the injunction sought by Wisconsin Right to Life to enjoin the Bipartisan Campaign Reform Act of 2002 (BCRA) as applied to certain proposed broadcast communications .

"Today's decision proves once again that McCain-Feingold is the law of the land. We now hope that the FEC will step up and enforce the law vigorously and even-handedly throughout the upcoming elections," said Gerald Hebert, Director of Litigation for the Campaign Legal Center.

The Wisconsin Right to Life plans to file a notice of appeal requesting an emergency injunction pending appeal in the D.C. District Court.

Click here to view the court's opinion in its entirety.

Click here to read the Court's order denying injunction.

Scheduling Order for WI Right to Life v. FEC

On August 5, 2004, the US DC Distrtict Court the three-judge panel issued a scheduling order for Wisconsin Right to Life, Inc. v. FEC. The order outlined filing dates and times for the Defendant's response to the Plantiff's motion, the Plantiff's reply, and amicus curiae briefs, as well as setting a hearing time, date and place for a hearing on thePlantiff's motion for a preliminary injuction.

Click here to view the scheduling order.