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WASHINGTON -- Within hours of its passage, "campaign finance reform" legislation that places substantial new restrictions on free speech about politicians was challenged in court. The National Right to Life Committee is among many citizen groups to file legal challenges to the so-called "Bi-partisan Campaign Reform Act," popularly referred to as "McCain-Feingold." Unless struck down by the federal courts, most of its restrictions will take effect after the November 5 general election.
As NRL News goes to press, opposition continues to grow. Senator Mitch McConnell (R-Ky.) held a press conference April 10 to announce that nearly two dozen additional co-plaintiffs have joined the challenge he brought against the law. The coalition which includes National Right to Life, ranges from the ACLU on the left, to the Christian Coalition on the right.
The suit was filed in the only court where the act said a suit could be brought -- the U.S. District Court for the District of Columbia. Congress also specified that the appeal from the district court will skip the court of appeals and go directly to the United States Supreme Court. The case is expected to move rapidly to the Supreme Court.
The legislation became law after a six-year effort led by Senators John McCain (R- Az.) and Russell Feingold (D-Wi.) in the Senate, and Reps. Chris Shays (R-Ct.) and Marty Meehan (D-Mass.) in the House. NRLC was among many citizen groups to strongly oppose the legislation. Congressional opposition was led by Senator McConnell (R-Ky.) and Rep. Tom DeLay (R-Tx.), among others.
The House of Representatives approved the bill (H.R. 2356) on February 14, 240- 189. (See March NRL News, page 1.) Senate approval, by a vote of 60-40, followed on March 20. (See roll call, page 31.)
President Bush signed the bill into law on March 27. The same day, James Bopp, Jr., NRLC general counsel, and other lawyers for Senator McConnell filed suit.
NRLC joined the suit to defend its right to broadcast issue advertisements that tell voters where candidates stand on pro-life issues. "This law simply but effectively gags citizen groups such as NRLC," Bopp explained. "If NRLC can't, for example, describe partial-birth abortion and say that a candidate supports it, the public won't get that information from the networks! This law is a direct assault on our ability to get our message out."
Source: HighBeam Research, McCain-Feingold Passes, Broad Coalition Takes Law to...