June 25, 2007

SCOTUS Strikes Issue Ads Provision

Is this the death knell for McCain-Feingold?

In a 5-to-4 decision, the Supreme Court ruled today that issue ads financed by corporate and labor interests will be allowed to mention names of candidates. McCain-Feingold had originally outlawed them, but the court decided that was an unconstitutional restriction on freedom of speech.

In question was whether Wisconsin Right to Life broke the law in airing an ad within two months of Election Day 2004 that pressed Sen. Russell Feingold (D), who was running for re-election, not to obstruct President Bush's judicial nominees. Because it dealt with an issue rather than something like a direct endorsement or attack on a candidate, the majority ruled it acceptable.

One person the ruling will likely affect, presidential candidate Mitt Romney, jumped on the decision and released a statement declaring, "Score one for free speech."

Those on the other side of the debate, though -- including Romney's GOP rival John McCain, who co-authored the original legislation banning the provision -- weren't so upbeat. In the Supreme Court's dissenting opinion, Justice David Souter wrote that "after today, the ban on contributions by corporations and unions and the limitation on their corrosive spending when they enter the political arena are open to easy circumvention."

Posted at 10:58 AM
Posted to: Constitution, Supreme Court
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