Congressional Digest

Supreme Court Debates November 2003 No. 8 Vol. 6
Senator Mitch McConnell (KY-R), et al.

Regulating Campaign Fundraising

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

Senator Mitch McConnell (KY-R), et al.

Appellants

Kenneth W. Starr, Counsel of RecordThe Bipartisan Campaign Reform Act of 2002 (BCRA) was signed into law on March 27, 2002, following years of debate and legislative battles in Congress. Among the key provisions of the law was the closing of what was called the "soft-money loophole," whereby national political parties would raise and spend money that was regulated only by State, and not Federal, law. Shortly after the law was enacted, Senator Mitch McConnell — a staunch opponent of the bill when it was in Congress — led a lawsuit against the Federal Election Commission (FEC) seeking to have…

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