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Jan 5, 2007 -- Legal Center Weekly Report: January 5, 2007
The Campaign Legal Center joined Common Cause, Democracy 21, the League of Women Voters, Public Citizen, and U.S. PIRG in commending the House of Representatives for their major step forward in adopting a strong package of new ethics rules to govern the conduct of Members and staff.
The House action represents the first phase of the House ethics and lobbying reform efforts. Lobbying reform legislation is expected to be considered by the House in February and reform of the ethics enforcement process will be considered in March.
The groups also strongly urged Senators to adopt similar reforms dealing with new restrictions on travel, gifts, meals, entertainment and corporate planes provided for Senators and staff, as well as effective enforcement, when the Senate considers ethics and lobbying reform next week.
Meredith McGehee, Policy Director at the Campaign Legal Center stated, "The next steps — passing meaningful lobbying reforms and creating a more independent ethics enforcement entity — are certain to face stiff resistance, yet they are critical to regaining the trust of the American people in their elected representatives in Washington."
Legal Center Files Motion to Affirm in Christian Civil League of Maine Case
On December 29, 2006, the Campaign Legal Center filed a Motion to Affirm in the United States Supreme Court in Christian Civil League of Maine (CCLM) v. FEC and McCain, et al.
Earlier this year, a three-judge federal district court panel dismissed a lawsuit brought by the Christian Civic League of Maine, Inc. (CCLM) against the Federal Election Commission to challenge the constitutionality of the ''electioneering communication'' provisions of the Bipartisan Campaign Reform Act of 2002 (BCRA). CCLM had challenged the provisions as they applied to a broadcast ad that CCLM wanted to pay for with its corporate funds and run just before the June primary election in Maine. The ad referenced both sitting senators from Maine, Senators Olympia Snowe (R-ME) and Susan Collins (R-ME). Senator Snowe was a candidate on the June 13 Republican primary ballot in Maine.
In an earlier decision in the case, the district court had denied a request by CCLM for a preliminary injunction to enjoin the ''electioneering communication'' provisions of BCRA as they applied to the broadcast ad CCLM wanted to pay for with its corporate funds. Last year, the Supreme Court denied a request by CCLM for an expedited review of the district court's denial of that preliminary injunction request.
CCLM, which is a non-profit corporation, has argued that their broadcast ad was "a grassroots lobbying ad", and that BCRA violated the group's First Amendment rights by prohibiting the use of its corporate funds to pay for that ad. BCRA's ''electioneering communication'' provisions prohibit the use of corporate (or union) treasury funds to pay for any broadcast ad that refers to a clearly identified federal candidate and is aired within 30 days of a primary election, or 60 days of a general election involving that candidate. Such ads may be broadcast using funds from the corporation's PAC or by dropping the reference to a federal candidate, but CCLM decided to exercise neither of those options with regard to the proposed ad.
The Legal Center's Motion to Affirm argued that CCLM's Appeal raises no substantial federal question and that the unanimous decision of the three-judge court is correct.
The Legal Center serves as co-counsel in the case to the defendant intervenors: Senator John McCain (R-AZ), Senator Russell Feingold (D-WI), Representative Christopher Shays (R-CT) and Representative Marty Meehan (D-MA), the principal sponsors of BCRA, and Maine Representative Tom Allen (D-ME).
License Renewals in Portland Challenged with Study from Legal Center
On December 22, the Campaign Legal Center, the Media Access Project, and the Alliance to Reform Media (ARM) of Portland, Oregon filed a petition with the Federal Communications Commission (FCC) asking them to deny renewal of all the commercial TV stations licenses in the Portland area. The petition states the TV stations' coverage of elections fails to meet the FCC's standard of public-interest service, which is to meet the needs of the community. ARM has asked the FCC to designate the license challenge for hearing. The petition is based on a pre-election study conducted and analyzed by the petitioners.
After the passing of President Ford, Legal Center Policy Director Meredith McGehee stated, "President Ford understood the need to provide better access for candidates to the nation's airwaves so that the American people can be better informed about their choices." She continues, "It was that recognition that led President Ford to join with his successor in the White House, President Jimmy Carter, as honorary co-chairs of the Our Democracy Our Airwaves Campaign. Their work to further the goal of a better informed electorate through the use of public airwaves has strengthened our democracy. President Ford and his leadership on this issue so integral to our democracy will be greatly missed."
To read a variety of this week's editorials and articles on a variety of Campaign Legal Center issues, please click here.
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