Patterico's Pontifications

11/2/2009

Status Report on McCain-Feingold Limits on Advocacy Group Spending

Filed under: Law,Politics — DRJ @ 2:20 pm



[Guest post by DRJ]

McCain-Feingold imposed restrictions on spending in federal elections by non-profit advocacy groups (also known as 527 corporations). Subsequently, the abortion rights group EMILY’s List successfully sued the Federal Election Commission challenging those limits. ScotusBlog described the procedural status of the case and its potential impact on 527 political spending:

“With the FEC passing up a plea for the Circuit Court to reconsider, some groups that support strict curbs on 527 corporations are urging Solicitor General Kagan either to make that request, or to go on to the Supreme Court with an appeal (see a press release available at this site from Democracy 21, one of those groups). There is no doubt that Kagan could take the case to the Supreme Court now; legal analysts are not sure she has the option of seeking en banc review, or whether that was a choice left to the FEC.

If she does neither, then the new restrictions are gone. As a result, non-profit 527s will be able to spend unlimited amounts of “soft money” — that is, money raised outside the donation limits of federal law — to attack or support federal candidates or parties, can spend freely on voter drives, and can solicit unrestricted amounts from donors. And, as one judge on the Circuit Court (Circuit Judge Janice Rogers Brown) noted, “Congress can do nothing about any of this.” That is because the majority of the Circuit Court panel based its ruling on the Constitution — subject to change only by amendment of the basic charter.”

Solicitor General Elena Kagan decided the government does not have authority to request an en banc rehearing, although the Circuit Court can itself opt for en banc review. The government has 90 days from September 18 (or by my count until December 17) to file a Supreme Court appeal.

— DRJ

4 Responses to “Status Report on McCain-Feingold Limits on Advocacy Group Spending”

  1. I’m waiting for the results of the Hillary movie re-argument.

    Or did I miss them?

    Scott Jacobs (445f98)

  2. DRJ…Didn’t you say last night that you were going to fix the blog-clock to reflect Standard Time?

    AD - RtR/OS! (83414c)

  3. I forgot, AD. I need a keeper.

    DRJ (dff2ca)

  4. I’ve made this suggestion before, and I’ll make it again:
    We wouldn’t have this problem if the blogosphere operated on GMT (or, Zulu Time)!

    AD - RtR/OS! (83414c)


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