Congressional Digest

Supreme Court Debates November 2003 No. 8 Vol. 6
Federal Election Commission (FEC), et al

Regulating Campaign Fundraising

The Constitutionality of McCain-Feingold's "Soft Money" Ban

Federal Election Commission (FEC), et al

Appellees

Theodore B. Olson, Solicitor GeneralThe Federal Election Commission is the government agency responsible for implementing and enforcing the new campaign finance provisions set forth in the Bipartisan Campaign Reform Act of 2002 (BCRA), which restricted and in some cases banned the receipt, solicitation, and use of non-Federal funds (sometimes called "soft money"). Shortly after President Bush signed BCRA on March 27, 2002, over 80 parties filed suit against the FEC and several other Federal offices and officials, alleging that provisions of BCRA violated First Amendment freedom of speech and the Fifth Amendment Due Process Clause. BCRA contains an expedited review…

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