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Feb 2, 2007 -- Legal Center Weekly Report: February 2, 2007
On February 1, 2007, the U.S. District Court for the District of Columbia held a hearing in Shays and Meehan v. FEC (Shays II) - a lawsuit challenging the FEC's failure to regulate 527 groups. At the hearing, the FEC advised the court (Sullivan, J.) that it had issued its explanation of how it intended to handle complaints involving 527 organizations. The FEC was chided by the court for failing to file the explanation with the court and was ordered to do so. Subsequent to the hearing, the FEC then filed the explanation.
Previously, in March 2006, the court found the FEC had violated the Administrative Procedures Act, reasoning that the FEC's "case-by-case adjudication [of 527 group non-compliance with campaign finance laws] appears to have been a total failure." The court in March ordered the FEC to "articulate its reasoning for its decision to proceed with case-by-case adjudication or to promulgate a rule, if necessary."
Legal counsel for Shays and Meehan plaintiff was given until February 9 to review the FEC's explanation and to file recommendations for further proceedings in the case. The Legal Center represents U.S. Senators John McCain and Russ Feingold in this case as amici curiae.
On January 31, the Campaign Legal Center sent a letter asking Members of the Senate Commerce, Science and Transportation Committee to demand answers for the Federal Communications Commission's (FCC) continued failure to implement digital public interest obligations after six years. All five FCC Commissioners appeared before the Committee on Thursday February 1.
Campaign Legal Center Policy Director Meredith McGehee stated in the letter, "It is deeply disappointing that the FCC has failed to provide any guidance to the American public and broadcasters as to what both parties can expect in the digital age. Congress took the important first step of establishing the analog-to-digital transition deadline but, unfortunately, the FCC has failed to uphold its end of the bargain."
During the hearing, Senator Jay Rockefeller (D-WV) and Senator Byron Dorgan (D-ND) both criticized the FCC by calling their efforts to hold broadcasters to public interest obligations inadequate.
The FCC Commissioners will meet with the House Commerce and Telecommunications Subcommittee to discuss public interest obligations in a hearing scheduled for February 15.
New legislation introduced this week by Senator Russ Feingold (D-WI), Representatives Christopher Shays (R-CT), Marty Meehan (D-MA) and David Price (D-NC) would revitalize the presidential public financing system.
These bills would again make the contest for our nations' highest office a competition of ideas instead of one of donor lists. With leading 2008 presidential candidates already opting out of the system for both the primary and general elections, it is clear that the 30-year old system is in desperate need of renovation.
Policy Director Meredith McGehee stated , "It is essential to repair the presidential system to help curb the financial arms race that is hobbling our representative democracy."
The Campaign Legal Center and Democracy 21 released a report last year, Presidential Public Financing: Repairing the System which highlights the importance of the system, defines some of the current problems the system faces, and offers guidance on how to begin addressing these problems.
On January 29, Associate Legal Counsel Paul S. Ryan spoke to a delegation of political leaders from Japan, visiting the U.S. on a trip hosted by the non-partisan American Council of Young Political Leaders, providing the delegation with an overview of, and answering questions with respect to, U.S. campaign finance laws.
Campaign Finance Overview to American University Students
This week, J. Gerald Hebert, the Legal Center's Executive Director and Director of Litigation, gave an overview of the politics behind BCRA, its positive consequences and the future of campaign finance reform to students at American University's Washington Semester.
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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