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Sep 22, 2006 -- Legal Center Weekly Report: September 22, 2006
On Monday, September 18, a three-judge panel of the D.C. federal district court heard oral argument on cross motions for summary judgment in WRTL v. FEC—an as-applied challenge to the "electioneering communication" provisions of BCRA. The case began in 2004 when Wisconsin Right to Life (WRTL) proposed to use corporate treasury funds to broadcast what it called a "grass roots lobbying ad" critical of Senator Russ Feingold, who was a candidate for re-election that year. WRTL sought an injunction against enforcement of BCRA's "electioneering communication" provisions with respect to the 2004 ads, but the injunction was denied. WRTL appealed and the Supreme Court unanimously held in January 2006 that the three-judge district court had erred in reading the Court's earlier McConnell decision as foreclosing all as-applied challenges to BCRA's "electioneering communication" provisions. The case was remanded to the district court, where it is now pending. The Campaign Legal Center is part of the legal team representing defendant-intervenors Senator McCain and Representatives Shays, Meehan and Baldwin in the case. Mr. Randy Moss, of the WilmerHale law firm, argued the motion on behalf of the defendant-intervenors.
The Campaign Legal Center is urging a full investigation into reports that studies conducted by Federal Communications Commission (FCC) staff have been routinely suppressed and destroyed when their findings do not coincide with the views of Commissioners. In a letter September 21 to FCC Chairman Kevin Martin, the Legal Center pushed for a comprehensive review by the Inspector General's office of the allegations.
The practice of recalling and destroying staff reports initially surfaced in Chairman Martin's Senate confirmation hearings. Subsequently, former FCC staff members have been quoted as saying that the disquieting practice was not an anomaly. The Legal Center is calling for a more comprehensive investigation of what appears to be a systemic problem at the FCC of stifling inconvenient facts.
To read the press release and letter to Chairman Martin, 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, "Who's on First?: A Legal Center Primer on Court Cases," and "Hey Senators, It's Time To Come Out of The Dark Ages" 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. |
