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James V. Lacy

Soft-money case victors pressing to axe McCain from case

Rich Hasen of Loyola Law School reports that yesterday, Wisconsin Right to Life ("WRTL"), the recent winner of a U.S. Supreme Court victory gutting the "soft money" prohibitions of the McCain-Feingold law regulating late campaign issue ads, asked the district court in the same case (still alive because of outstanding issues to be cleared up after the Supreme Court’s ruling),  to reconsider its earlier decision to allow Sen. McCain and fellow campaign finance "reform" activists to formally intervene in the case.   As background, when the Supreme Court ruled, it also set down some strict guidelines on the conduct of such cases in the future to assure that they are not burdensome to First Amendment rights.  WRTL now argues it not only wants those rules applied to some other ads that they did in 2006, but also that it wants the district court to apply the new Supreme Court guidelines to kick McCain out of the rest of the case. – and all future such cases.

According to Hasen, Jim Bopp, lead counsel for WRTL, stated: "The Supreme Court has said there can be no more of the burdensome, complex, intrusive, litigation that WRTL suffered at the hands of the FEC and Sen. McCain and his colleagues in this case. Allowing the rich campaign finance ‘reform’ gang to pile on in cases where nonprofit citizen groups are trying to vindicate their liberties is wrong, unconstitutional, and inconsistent with the Supreme Court’s mandate as to how these cases are to be conducted." 

I say AMEN to that!