May 15, 2006 -- Campaign Legal Center Urges Supreme Court to Deny Expedited Hearing for Maine BCRA Challenger

Washington, D.C. - Today, the Congressional intervenors filed a memorandum with the United States Supreme Court urging the Court to deny an extraordinary request for a highly expedited briefing schedule by the Christian Civic League of Maine (CCLM) in its challenge to a portion of the Bipartisan Campaign Reform Act (BCRA). The intervenors include Senator John McCain (R-AZ), Senator Russell Feingold (D-WI), Representative Christopher Shays (R-CT), Representative Marty Meehan (D-MA), and Representative Tom Allen (D-ME). In the past such requests have only been granted in cases of the greatest national significance, including such cases as the presidential recount of 2000 and attempts by the government to halt the publication of the Pentagon Papers in 1971.

Last week a three-judge panel of the U.S. District Court for the District of Columbia denied CCLM's request for a preliminary injunction in its challenge to the "electioneering communications" clause of BCRA (CCLM v. FEC). Despite the fact that the Supreme Court has held BCRA "facially constitutional" in McConnell v. FEC (2003), CCLM has filed a motion asking the High Court to adopt an extraordinary schedule to hear the case challenging BCRA's constitutionality.

"The District Court judges unanimously denied the injunction request and clearly recognized the advertisement in question as essentially a sham issue ad like those identified in McConnell," said Trevor Potter, former Chairman of the Federal Election Commission and president of the Campaign Legal Center. "That decision is less than three years old, yet the plaintiffs are asking the Justices to hear the case under extraordinary circumstances without proceeding to the merits in the lower courts."

The District Court also emphasized that the plaintiffs could run their broadcast ad using PAC funds or use general treasury funds if they simply removed specific reference to Senator Snowe. The panel also pointed out the ad could be run in newspapers without restriction.

The Legal Center is serving as-counsel in the case along with Democracy 21. University of Virginia law professor Dan Ortiz is also serving as legal counsel in the case, along with attorneys at the law firms: Wilmer Cutler Pickering Hale and Dorr; Heller Ehrman; and Munger Tolles and Olson.

To read a copy of the Congressional Intervenors filing, click here.

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