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Federal Election Commission v. Wisconsin Right to Life, Inc. (Docket #: 05-969) (2007)  [Findlaw]

Secondary Link Federal Election Commission v. Wisconsin Right to Life, Inc.  [Legal Information Institute]
Argument Date 04/25/2007
Decided 6/25/2007
Supreme Court Vote 5-4
Note This case was consolidated with McCain, et al., v. Wisconsin Right to Life (06-970). Three Justices would overrule the McConnell decision on the facts of this case; Justice Alito was also sympathetic to that possibility.
Supreme Court Ruling First Amendment claim sustained
IssueWhether the Bipartisan Campaign Reform Act’s ban on election season campaign ads by corporations violates the First Amendment.
Supreme Court Times Link

Majority Opinion Roberts, C.J.
Concurring Opinion Scalia, J. (concurring in judgment, joined by Kennedy, J., & Thomas, J.), Alito, J.
Dissenting Opinion Souter, J. (joined Stevens, Ginsburg, J., & Breyer, J.)
Certiorari Granted 01/19/2007
Lower Court United States District Court, District of Columbia
Lower Court Ruling First Amendment claim sustained
For Petitioner
Paul D. Clement (Solicitor General) for Appellant Federal Election Commission

Seth P. Waxman (Wilmer Cutler Pickering Hale & Dorr) for Appellants Sen. John McCain et al.

For Respondent
James Bopp Jr.; Bopp (Coleson & Bostrom; The James Madison Center for Free Speech)

Tony Mauro Analysis
"Rhetoric aside, most First Amendment claimants lose"

"Court seems ready to chip away at campaign-finance law"

"Is McCain-Feingold Act poised for a setback?"

"First Amendment claims get mixed reception at Court," (6/26/2007)

Opinion - Lower Court
Wisconsin Right to Life v. Federal Election Commission (US Dist. Ct. Court for the Dist. of Colum., 2006)

AP, "Court Allows Issue Ads Near Elections," June 25, 2007
AP, "High court hearing challenge to issue-ad restrictions" (4-25-06)

Greenhouse, Linda and David Kirkpatrick, "Justices Loosen Ad Restrictions in Campaign Finance Law," The New York Times, June 25, 2007
Richey, Warren, "Court clips campaign-finance law," The Christian Science Monitor, June 26, 2007
Lyle Denniston, "Analysis: 'Blackout' on campaign ads in doubt" (SCOTUS blog, 4-25-07)

Lyle Denniston, "Fast review sought on big campaign finance case" (SCOTUSblog, 1/2/07)

Prior Supreme Court decision: Wisconsin Right to Life v. Federal Election Commission (2006)

Editorial, "A Loophole Reopens," The Washington Post, June 26, 2007, Sect. A, p. 20
Editorial, "Free Speech and Campaigns," The Chicago Tribune, June 26, 2007
Editorial, "Roberts Rules," The Wall Street Journal, June 26, 2007, Sect.A, p. 14
Richard H. Pildes, "WRTL: A Constitutional Sea Change," SCOTUSblog, 6/25/2007

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