Court to hear McConnell’s challenge of campaign finance law
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On the day nearly six months ago that Congress approved a comprehensive campaign finance overhaul, Sen. Mitch McConnell pledged to challenge it in court. The case of McConnell vs. Federal Election Commission goes before a three-judge panel in U.S. District Court in Washington on Dec. 4 for two days of arguments. McConnell, R-Ky., and a diverse group of allies — including the American Civil Liberties Union and the National Rifle Association — will face off against advocates of the reform in a test of how far the government can go to restrict campaign donations and advertising in the name of combating political corruption. The judicial panel is expected to rule by late January or early February, and an appeal — by congressional directive — will go immediately to the U.S. Supreme Court before its current term ends in June. Time is a consideration. The new law took effect Nov. 6, the day after the midterm elections. While the law will govern two special House elections in Hawaii next month and in January, its most significant impact will be on the 2004 elections. ”It’s the most far-reaching case on campaign finance reform to reach the Supreme Court in over a quarter of a century,” said Steve Weissman, associate director for policy at the Campaign Finance Institute, a non-partisan Washington group affiliated with George Washington University. The institute has not taken sides. ”All of the practices to evade campaign finance laws that grew up over the last 25 years are going to be looked at by the Supreme Court,” Weissman said. The centerpiece of the law is a ban on ‘’soft money” — unlimited contributions made by corporations, unions and wealthy individuals to political parties. The law also mostly prohibits corporations, unions and independent groups from airing radio and TV ads that mention or depict a candidate within 30 days of a primary and 60 days of a general election, a provision aimed at so-called ”issue ads” that are designed to promote or attack a candidate. The exception would be ads bought with regulated donations by individuals — so called ”hard money” gifts — that have to be disclosed in amounts of more than $1,000. McConnell, citing the pending court case, declined a request by The Courier-Journal to discuss the challenge. He does not plan to speak to the judges during the arguments but said in a deposition that ”my overall view is Americans, including companies, should be free to express themselves at any point in our free society.” Sen. John McCain, R-Ariz., one of the chief sponsors of the law, said in an interview that the argument for reform was made in this month’s elections. |