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Sep 1, 2006 -- Legal Center Weekly Report: September 1, 2006
Earlier this week, the Federal Election Commission deadlocked on a vote to create a broad exemption from the Bipartisan Campaign Reform Act (BCRA) "electioneering communication" restrictions for so-called grassroots lobbying ads. Trevor Potter, Legal Center President and former FEC Commissioner, stated, "The FEC's decision not to adopt the proposed 'emergency rule' creating an exemption to the ban on electioneering communications was the correct decision on many levels." He continues, "The proposed rule contained a loophole big enough to drive a tank through it--it would have again allowed the very "sham issue ads" to be paid for with corporate and labor treasury funds that the Supreme Court said could be restricted."
The Campaign Legal Center and Democracy 21 filed comments on August 22, 2006 with the FEC opposing the draft interim final rule proposed by Commissioner Hans von Spakovsky. In their joint comments, the Legal Center and Democracy 21 objected to Commissioner von Spakovsky's attempt to circumvent the normal rulemaking process by rushing the proposed "interim" rule through on an "emergency" basis—without formal public notice or opportunity for public comment.
To read the statement of Legal Center President Trevor Potter, click here.
To read the comments filed in response to the draft interim rule, click here.
On August 31, 2006, the Legal Center in its capacity as co-counsel for intervening defendants Senator John McCain (R-AZ), and Representatives Tammy Baldwin (D-WI), Chris Shays (R-CT), and Marty Meehan (D-MA) filed a brief in opposition to a motion for a temporary restraining order and preliminary injunction in Wisconsin Right to Life (WRTL) v. FEC.
This case involves an as-applied constitutional challenge brought by WRTL to the electioneering communications provisions of the Bipartisan Campaign Reform Act (BCRA). WRTL had initially proposed to run ads in 2004 attacking federal candidate Senator Russ Feingold. Last week, WRTL filed a motion in D.C. District Court for a temporary restraining order and preliminary injunction with respect to a new radio ad supporting Sen. Kohl that it proposes to run later this month. The intervening defendants urged the three-judge court to deny WRTL's motion on the basis that the new ad is indistinguishable from the ads that the Supreme Court in McConnell found could constitutionally be regulated by Congress and the FEC. The intervening defendants further argued that the new ad is not within the scope of WRTL's complaint in the lawsuit and is, therefore, not properly before the court.
Other co-counsel for the defendant-intervenors include: attorneys at the law firm of Wilmer Cutler Pickering Hale and Dorr; Donald Simon of Sonosky, Chambers, Sachse, Endreson and Perry; Scott Nelson of Public Citizen Litigation Group; and Fred Wertheimer of Democracy 21.
To read the full brief, click here.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org. To read this week's entries, "The K Street Gang: A Broken Contract," ""The Sky is Falling" Again in Wisconsin" or to sign up for blog updates, click here.
To read a variety of this week's editorials and articles on campaign finance , please click here.
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