Broad Spectrum of Issue Groups Support WRTL
In Wisconsin Right to Life's McCain-Feingold Challenge

Yesterday, an impressive array of groups and individuals from across the political spectrum filed friend of the court briefs in support of Wisconsin Right to Life's ("WRTL") appeal of WRTL v. FEC (04-1581) to the U.S. Supreme Court. The case seeks to establish an exception for grassroots lobbying to the McCain-Feingold law'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).

Single-party amicus curiae briefs were filed by the ACLU, the AFL-CIO, the Chamber of Commerce, U.S. Sen. Mitch McConnell, and the Alliance for Justice, which is, as it describes itself, "a national association of environmental, civil rights, mental health, women's children's, and consumer advocacy organizations" -- most of its members are nonprofits under IRC § 501(c)(3).

The multi-party brief of the "Coalition of Public Charities" was filed on behalf of thirty-five § 501(c)(3) nonprofits. OMB Watch lead the formation of the Coalition, which included (in addition to OMB Watch) Independent Sector; Independence Institute; Alliance for Justice; American Conservative Union Foundation; Center for Lobbying in the Public Interest; NARAL Pro-Choice America Foundation (along with some NARAL state-level organizations); National Counsel of Jewish Women; National Legal and Policy Center; National Council of Nonprofit Associations (along with some state- and city-level nonprofit associations); National Low Income Housing Coalition; Violence Policy Center; Association of American Physicians & Surgeons Educational Foundation; Eden Housing, Inc.; Clients Council of the Legal Aid Society; Massachusetts Council of Human Service Providers; Michigan League for Human Services; Montana Conservation Voters Education Fund; Bronx AIDS Services, Inc.; The Urban League of Greater Cleveland; Housing Alliance of Pennsylvania; New Morning; and Liberty Legal Institute.

Another multi-party brief was filed by The Center for Competitive Politics, The Cato Institute, The Goldwater Institute, The Institute for Justice, The Reason Foundation, and the Claremont Institute.

James Bopp, Jr., counsel for WRTL said: "The broad spectrum of groups filing amici curiae briefs shows that, although citizen groups may differ on a wide range of issues, they all agree on the right of the people to engage in self-government through constitutionally-guaranteed free expression, association, and petition. And they agree that incumbent politicians shouldn't be able to insulate themselves from grassroots lobbying through campaign finance restrictions."

The amicus curiae briefs are 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.