The Supreme Court is winding up it's term and issued several rulings today. One took a bite out of McCain-Feingold:
The Supreme Court loosened restrictions Monday on corporate- and union-funded television ads that air close to elections, weakening a key provision of a landmark campaign finance law.
The court, split 5-4, upheld an appeals court ruling that an anti-abortion group should have been allowed to air ads during the final two months before the 2004 elections.
The case involved advertisements that Wisconsin Right to Life was prevented from broadcasting. The ads asked voters to contact the state’s two senators, Democrats Russ Feingold and Herb Kohl, and urge them not to filibuster President Bush’s judicial nominees.
Feingold, a co-author of the campaign finance law, was up for re-election in 2004.
The provision in question was aimed at preventing the airing of issue ads that cast candidates in positive or negative lights while stopping short of explicitly calling for their election or defeat. Sponsors of such ads have contended they are exempt from certain limits on contributions in federal elections.
Chief Justice John Roberts, joined by his conservative allies, wrote a majority opinion upholding the appeals court ruling.
The other upheld public school officials who disciplined a student for wearing a
Bong Hits 4 Jesus tee-shirt.
Hopefully
McQ is right and this spells he beginning of the end for McCain-Feingold. BH4J had a lot of mitigating circumstances (the student was 18, skipping school and on public property at a public event) that call into question Bong Hits 4 Jesus. More on that at
Volokh.
yours/
peter.