Jun 25, 2007 -- WRTL Decision Will Lead to Confusion and More Litigation: Statement of J. Gerald Hebert, Campaign Legal Center Executive Director

Today's decision by a sharply divided Supreme Court is disappointing, but it should not be read too broadly by those who oppose campaign finance reform. The Court expressly did not overrule its decision in the McConnell case which upheld nearly all of the provisions of the Bipartisan Campaign Reform Act (BCRA).

BCRA established a bright line test for measuring whether an ad was an electioneering communication and was a common sense approach that was easily understood. The new test announced by the Court today is vague and undoubtedly will be the subject of interpretation by the FEC and lower courts as they struggle to apply it to future ads.

It is important to note that the Court's decision has no impact on BCRA's central provision banning the solicitation of soft money contributions by federal officeholders.

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