Campaign Finance: Brief Overview of McConnell v. FEC
Publication Date: May 2003
Publisher: Library of Congress. Congressional Research Service
Author(s):
Research Area: Politics
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Abstract:
On March 27, 2002, the President signed into law the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155 (H.R. 2356, 107th Cong.), which was also known as the McCain-Feingold campaign finance reform legislation prior to enactment. Most provisions of the new law became effective on November 6, 2002. Shortly after President Bush signed BCRA into law, Senator Mitch McConnell filed suit in U.S. District Court for the District of Columbia against the Federal Election Commission (FEC) and the Federal Communications Commission (FCC). Ultimately, eleven suits challenging the campaign finance reform law were brought by more than 80 plaintiffs and were consolidated into one lead case, McConnell v. FEC.
In summary, the McConnell complaint for declaratory and injunctive relief argued that portions of BCRA violate the First Amendment and the equal protection component of the Due Process Clause of the Fifth Amendment to the Constitution. On May 2, 2003, the U.S. District Court for the District of Columbia issued its decision in McConnell v. FEC, striking down many key provisions of the law. (See the text of the per curiam opinion at [http://lsmns2o.gtwy.uscourts.gov/dcd/02cv582a.pdf].)
This report provides a brief overview of the court's decision and will be updated. The three-judge panel, which was split 2 to 1 on many issues, ordered that its ruling take effect immediately. Since the court has issued its opinion, several appeals have been filed. Under the BCRA expedited review provision, the court's decision will be reviewed directly by the U.S. Supreme Court. On May 19 the U.S. district court issued a stay to its ruling, which leaves BCRA, as enacted, in effect until the Supreme Court issues a decision.
For more information see, Campaign Finance Reform Oversight [http://www.congress.gov/erp/legissues/html/isele2.html], and CRS Report RL30669, Campaign Finance Regulation Under the First Amendment.