James Bopp, Jr., lead counsel for WRTL, observes that “Wisconsin Right to Life has been gagged for almost a week already, while the number of judicial nominees being filibustered has hit double digits and more filibusters are expected shortly.” He adds: “The right to petition a representative is guaranteed in the First Amendment and inherent in our system of representative government. Sen. Feingold is supposed to represent the people who are gagged by his own law – the McCain-Feingold campaign finance law -- from lobbying him. What kind of representation is that?!”

Of the trial court’s decision that the Supreme Court in McConnell v. FEC foreclosed all future challenges to the blackout periods as applied to specific facts, Bopp commented: “The federal courts used to consider themselves the guardians of the First Amendment. Now they view the people’s right to lobby their own Senator with suspicion. And according to the trial court, we don’t get the traditional ‘strict scrutiny’ of laws burdening First Amendment rights -- we get no scrutiny!”