McConnell v. FEC
Supreme Court Arguments - streaming audio
(All audio in Windows Media Player format)
On Monday, September 8, the U.S. Supreme Court heard oral argument in
McConnell v. FEC, the constitutional challenge to the McCain-Feingold campaign
finance reform act. The case marks the first time since U.S. v. Nixon in 1974
that the Court has heard argument during the justices' summer recess. In
addition, at four hours, the argument was the longest since Buckley v. Valeo -
the last seminal campaign finance case, decided more than a generation ago.
For a full library of briefs filed in the case, along with key excerpts,
please click here.
Highlights:
Chief Justice Rehnquist questions BCRA's constitutionality on various
grounds; signals possible rethinking of his position on corporate
expenditure prohibition in Austin: Click here to listen.
Ken Starr argues BCRA is unconstitutional on federalism grounds:
Click here to listen.
Bobby Burchfield argues BCRA intrudes on political parties' First
Amendment rights: Click here to listen.
Solicitor General Ted Olsen argues BCRA was crafted to fit within
Buckley and its progeny: Click here to listen.
Seth Waxman says Senators' testimony bolsters Congress/district court
finding that BCRA was necessary to avoid corruption and appearance of
corruption: Click here to listen.
Justices O'Connor and Stevens ask Floyd Abrams if any electioneering
communication can be subject to effective regulation: Click here to listen.
Justice Breyer asks Laurence Gold if rejecting the soft money ban
requires that existing caselaw on corporate/labor ban be overturned: Click here to listen.
Deputy Solicitor General Clement argues that electioneering
communication provisions are supported by Austin v. Michigan Chamber of
Commerce, and calls Justice Scalia's line of questioning a "prescription
for surrender": Click here to listen.
Seth Waxman argues electioneering communication provisions were
carefully tailored to fit the First Amendment's requirement of bright
line rules: Click here to listen.
Presentations by counsel
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To hear the two-hour morning session focusing on the Act's soft money ban and its provision on coordinated versus
independent expenditures, please
