Over at Volokh, David Kopel links to an uber-amicus brief
filed by over 30 non-profit groups in the upcoming Wisconsin Right to Life v Federal Election Commission
case before the Supreme Court. The non-profits are arguing that the atrocious McCain-Feingold law should not apply to non-profits and public charities. I agree. My favorite quote from the brief is...
"For a representative democracy ceases to exist the moment that the public functionaries are by any means absolved of their responsibility to their constituents; and this happens whenever the constituent can be restrained in any manner of speaking, writing, or publishing his opinions upon any public measure, or upon the conduct of those who may advise or execute it."
Blackstone never fails. Kopel concludes his post...
The well-written brief was produced by three attorneys for Perkins Coie, and offers an excellent argument about one aspect of the constitutional abomination that Congress enacted in 2002, and which President Bush--in derogation of his oath to defend the Constitution--signed notwithstanding his belief that the bill was unconstitutional.
I've ripped Bush many times on this. He said that the law was unconstitutional, but he signed it anyway. I think he did this for two reasons: 1. an uninformed public pressured him to sign it and 2. he thought the Court would strike it down. Unfortunately, McConnell v FEC
didn't come out that way. I don't know which way Wisconsin Right to Life v Federal Election Commission
is going to go. It is scheduled for argument on January 17th, so O'Connor will still be on the Court then. I think that Judge Alito will be confirmed before the decision comes down, so O'Connor's vote won't count. If the McConnell
votes hold and Roberts votes like Rehnquist, then it's 4-4. If it comes to that, I think that the Court will hold the case over for reargument. Then it's up to Alito. What a difference one vote makes...