Jeff Johnson, CNSNews.com
Thursday, April 11, 2002

"By your inappropriate and ill-advised intervention into the congressional debate, and through other actions opposing passage of the Act, you have impaired your ability to credibly fulfill your duties as Federal Election Commissioners to fairly write implementing regulations for this new law," states a letter to FEC Chairman David Mason and Commissioner Bradley Smith.

Sens. John McCain, R-Ariz., and Russ Feingold, D-Wis., and Reps. Christopher Shays, R-Conn., and Marty Meehan, D-Mass., signed the letter.

The members of Congress cite the two commissioners' support for an alternative campaign finance bill while the House was considering the Shays-Meehan version of the bill, which eventually became law.

"Your actions would cause any reasonable person to conclude that you cannot turn around and participate with an open mind in a rulemaking to write regulations implementing the legislation once it has become law," the letter concluded.

In the meantime, McConnell, a longtime opponent of the BCRA-style changes to campaign finance laws, has added two-dozen new plaintiffs to his lawsuit against the Federal Election Commission and the Federal Communications Commission. Those two agencies would be responsible for enforcing the challenged provisions of the law.

Not Square With Constitution

"The plaintiffs in this suit have differing views on many political, social and ideological subjects, and sometimes even on certain legal theories articulated in this complaint," he said. "All the plaintiffs agree, however, that significant portions of this new law cannot be squared with the Constitution."

Attorney James Bopp, Jr., of the James Madison Center for Free Speech, notes that if the provisions of the BCRA had been applied to the 2000 presidential elections, there would have been very little discussion about the candidates.

"There were 266 days where it would be a federal crime for any group or labor union to mention the name of a presidential candidate on any broadcast media anywhere in the United States of America," he said.

Roberta Combs, president of the Christian Coalition said it is "very wrong" that the law prohibits voters' right to know how members of Congress have voted on issues they consider important.

"This is definitely an unconstitutional bill," she argued, "when the Christian Coalition and the ACLU join together as plaintiffs in a lawsuit."

Plaintiffs in McConnell's suit now include:

- Rep. Bob Barr, R-Ga.;

- Rep. Mike Pence, R-Ind.;

- The 60 Plus Association;

- Alabama Attorney General Bill Pryor (R);

- The Alabama Republican Executive Committee;

- The American Civil Liberties Union;

- Associated Builders and Contractors;

- The Center for Individual Freedom;

- The Christian Coalition of America;

- The Club for Growth;

- Martin Connors, chairman of the Alabama Republican Party;

- The Indiana Family Institute;

- The Jefferson County (Alabama) Republican Party;

- The Libertarian National Committee;

- Thomas E. McInerney, as a private citizen;

- The National Right to Life Committee;

- The National Right to Life Educational Trust Fund;

- The National Right to Life Political Action Committee;

- The National Right to Work Committee;

- Barret Austin O'Brock, as a private citizen;

- The Southeastern Legal Foundation;

- Trevor M. Southerland, as a private citizen; and

- U.S. d/b/a ProEnglish.

Floyd Abrams, co-counsel with Judge Kenneth Starr in McConnell's suit, is a partner in the New York law firm Cahill Gordon & Reindel and has argued more cases before the Supreme Court involving issues relating to freedom of the press than any lawyer in American history.

"You can comfortably expect that within the next two or three weeks that there will be more plaintiffs challenging this legislation, and that they will be across the political and ideological spectrum," he said.

Copyright CNSNews.com

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