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White House asks for stay in campaign finance reform ruling
From Bill Mears
WASHINGTON (CNN) -- The Bush administration has asked a federal court to suspend its ruling striking down key portions of a sweeping campaign finance reform bill, saying it would have "tumultuous consequences" for the ongoing electoral system. Friday's appeal is the latest from a variety of groups concerned about the practical effect the ruling will have while the case is now under consideration by the Supreme Court. Solicitor General Theodore Olson, writing for the government said, "Allowing this [lower] Court's decision to take immediate effect would create significant confusion for the FEC [Federal Election Commission] and those subject to its regulation by requiring them to readapt, again, from the rules" in the original congressional legislation. Supporters of the campaign finance law say it is designed to prevent corruption in politics. Opponents say it would criminalize free speech. The court gave plaintiffs and defendants in the case until noon Friday to seek a stay. It isn't expected to rule on the requests until late next week at the earliest. A three-judge panel last week issued a nearly 1,700-page ruling on the legality of a 2001 congressional bill overhauling much of the nation's federal election laws. The court, ruling on dozens of lawsuits over the law's constitutionality, said political parties could return to raising soft money and spend it on a range of party-building activities, including get-out-the-vote drives and overhead. It upheld a ban on the solicitation of soft money by federal officeholders and candidates. Groups suing to overturn parts of the law, including the National Rifle Association, the National Right to Life Committee and the Club for Growth, have asked the lower court to suspend at least part of its ruling on the law's political ad restrictions. The court ruled unconstitutional a provision barring a range of interest groups, including those funded with corporate and union money, from airing issue ads mentioning federal candidates in the candidates' districts the month before a primary and within two months of a general election. It upheld backup rules barring the same groups from airing ads that promote, support, attack or oppose a candidate at any time.
The congressional sponsors of the bill Thursday also indicated they would ask the court to block enforcement of its ruling. "We don't feel that's fair to the campaigns to operate under three different sets of rules," when the Supreme Court will ultimately settle the issue, Sen. John McCain, R-Arizona, told reporters. The Bush administration is supporting the congressional law, named after main backers McCain, Sen. Russell Feingold, D-Wisconsin, and reps. Christopher Shays, R-Connecticut, and Marty Meehan, D-Massachusetts. The National Rifle Association, one of several prominent groups opposing the law, was the first to file an appeal for a stay. In its appeal, NRA lawyers said the court's decision "poses grave, irreparable, and imminent harm to the core First Amendment rights of the NRA right now and in the days, weeks, and months ahead." The NRA wants to run a political radio ad in coming days urging McCain and other senators to support a bill blocking lawsuits against gun dealers whose weapons are used in committing crimes. "We need to be able to communicate to our members and gun owners in any given state and to suggest that we can't do that for risk of being thrown in jail is simply outrageous," said NRA Executive Director Chris Cox. The case awaits certain Supreme Court action, but it is unclear when the case will be heard. Advocates on both sides had hoped the issue would be scheduled by the justices before their summer recess in late June, but Court sources indicate because of its complexity, the case may not be argued until the start of the next term in early October.
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We don't feel that's fair to the campaigns to operate under three different sets of rules.
