Congressional Digest

Supreme Court Debates September 2007 No. 7 Vol. 10
Wisconsin Right to Life Inc. v. FEC

Regulating Campaign Advertising

The Court Reconsiders the McCain-Feingold Act

Wisconsin Right to Life Inc. v. FEC

Impact of the Supreme Court Decision

On June 25, 2007, in a 5-to-4 decision, theSupreme Court in Wisconsin Right to Life, Inc. v. Federal ElectionCommission affirmed a lower court ruling, finding that a provision of theBipartisan Campaign Reform Act of 2002 (BCRA) prohibiting corporate or laborunion treasury funds from being spent on advertisements broadcast within 30days of a primary or 60 days of a general election was unconstitutional asapplied to ads that Wisconsin Right to Life, Inc. (WRTL) sought to run. Whilenot expressly overruling its ruling in McConnell v. Federal ElectionCommission (FEC) (2003), which upheld the BCRA provision against aFirst Amendment facial challenge, the Court limited…

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