FOR IMMEDIATE RELEASE
Monday, November 14, 2005
Contact: Barbara Lyons
Wisconsin Right to Life
877-855-5007
blyons@wrtl.org

James Bopp, Jr.
Bopp, Coleson & Bostrom
812-232-2434 (office)
812-243-0825 (cell)
jboppjr@aol.com

In Wisconsin Right to Life's McCain-Feingold Challenge,
WRTL Files Supreme Court Opening Brief on the Merits

Today, Wisconsin Right to Life ("WRTL") filed its opening Brief of Appellant in the U.S. Supreme Court case of Wisconsin Right to Life, Inc. v. FEC (04-1581). The case is seeking an exception for grassroots lobbying from McCain-Feingold's prohibition on corporate funding of "electioneering communications" (i.e., targeted broadcast ads referencing a federal candidate within 30 days before a primary election or 60 days before a general election).

WRTL filed suit in August 2004 seeking an injunction in federal court so that it could continue its grassroots lobbying ads urging Senators Kohl and Feingold to oppose filibusters regarding President Bush's judicial nominees. WRTL's three broadcast ad were prohibited from August 15 until the November 2 general election because Senator Feingold was a candidate for reelection.

The federal district court denied relief because it thought that McConnell v. FEC, 540 U.S. 93 (2003), precluded all as-applied challenges to the electioneering communication prohibition and that, in any event, WRTL's ads were the sort of ads that Congress had in mind with its prohibition. On September 26th, the Supreme agreed to hear two issues: (1) whether as-allied challenges are precluded under McCain-Feingold and (2) whether the Constitution requires a grassroots lobbying exception to the electioneering communication ban.

In its opening brief filed today, WRTL argued that the Supreme Court in McConnell did not, and could not, preclude future as-applied challenges. James Bopp, Jr., lead counsel for WRTL, said: "The FEC wants to have the exclusive right to grant or withhold as-applied exemptions to the electioneering communication ban, insisting that federal courts may not do so. However, the Constitution insures that federal courts shall prevent the unconstitutional application of otherwise valid laws -- which the FEC specifically acknowledged before the Supreme Court in the McConnell. Now the FEC ignores that assurance. The FEC can't have it both ways."

In addition, WRTL argued that grassroots lobbying is different than electioneering and is specifically protected by the First Amendment right to petition the government. WRTL showed that genuine grassroots lobbying differs from the "sham issue ads" considered in McConnell. Bopp says: "Incumbent politicians cannot shield themselves from being lobbied about upcoming votes in Congress by campaign finance laws. Grassroots lobbying is about public officials exercising government power today, while elections are about who will wield government power in the future. There can be nothing more important than the right of the people to influence the actions of governmental official today."

The Brief for Appellant WRTL is available in PDF format online at the James Madison Center's website, www.jamesmadisoncenter.org under "Wisconsin Right to Life's McCain-Feingold Challenge."

James Bopp, Jr. has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and Co-Chairman of the Election Law Subcommittee of the Federalist Society.