Chief Justice Roberts Airs Doubts on Campaign-Finance Law
According to this AP article, it sounds like McCain-Feingold might be in danger of being ruled unconstitutional. Here’s the main paragraph:
Chief Justice John G. Roberts Jr. expressed doubts yesterday about legal restrictions on political ads by outside groups as the Supreme Court took up a new challenge to the McCain-Feingold campaign-finance law. Questioning Solicitor General Paul D. Clement, who was defending the law, Chief Justice Roberts raised a hypothetical case in which a group runs an issue ad every month. Does the ad, he asked, become illegal in the months before an election? Mr. Clement responded that such a group could continue to run the ads if it used political action committee money to pay for them, or if it refrained from identifying a candidate by name. But Justice Antonin Scalia said that would undercut the purpose of the ad, adding, “The point of an issue ad is to put pressure on an incumbent you want to vote your way.”
In Roberts’ and Scalia’s logic, free speech protection applies until (a) people pay attention to campaign ads and (b) you speak freely using the mandated type of campaign contribution. Does that sound logical? Only to a twisted liberal or John McCain.
Hugh thinks that “The Bell Is Tolling for McCain-Feingold”, saying that the “6-3 decision (Scalia, Thomas and Kennedy dissenting on the key provisions) is in trouble, however, as it lost one of its majority with the death of Chief Justice Rehnquist, and another, Justice O’Connor, is on the brink of retirement. While Senate delaying kept Judge Alito from hearing the arguments Tuesday, look for this case to be put over for reargument, and perhaps the outrage against Free Speech that is McCain-Feingold can be struck down at least in part by this time next year, and an era of immunity from criticism for elected officials in the 60 days prior to votes on their re-election will come to a end.”
There’s an old cliche from my old neighborhood that fits here: that legislation “has one foot in the grave, the other on a banana peel.” In other words, don’t expect BCRA, as it’s officially called, to be with us for 2008. Good riddance.
Cross-posted at LetFreedomRing