![handle is hein.crs/crsaief0001 and id is 1 raw text is: Order Code RS21511
Updated May 19, 2003
CRS Report for Congress
Received through the CRS Web
Campaign Finance: Brief Overview of District
Court Opinion in McConnell v. FEC
L. Paige Whitaker
Legislative Attorney
American Law Division
Summary
On March 27,2002, the President signed into law the Bipartisan Campaign Reform
Act of 2002 (BCRA), P.L. 107-155 (H.R. 2356, 107th Cong.), which was also known as
the McCain-Feingold campaign finance reform legislation prior to enactment. Most
provisions of the new law became effective on November 6, 2002. Shortly after
President Bush signed BCRA into law, Senator Mitch McConnell filed suit in U.S.
District Court for the District of Columbia against the Federal Election Commission
(FEC) and the Federal Communications Commission (FCC). Ultimately, eleven suits
challenging the campaign finance reform law were brought by more than 80 plaintiffs
and were consolidated into one lead case, McConnell v. FEC. In summary, the
McConnell complaint for declaratory and injunctive relief argued that portions of BCRA
violate the First Amendment and the equal protection component of the Due Process
Clause of the Fifth Amendment to the Constitution. On May 2, 2003, the U.S. District
Court for the District of Columbia issued its decision in McConnell v. FEC, striking
down many key provisions of the law. (See the text of the per curiam opinion at
[http://www.dcd.uscourts.gov/02cv582a.pdf].) This report provides a brief overview of
the court's decision and will be updated. The three-judge panel, which was split 2 to 1
on many issues, ordered that its ruling take effect immediately. Since the court has
issued its opinion, several appeals have been filed. Under the BCRA expedited review
provision, the court's decision will be reviewed directly by the U.S. Supreme Court. On
May 19 the U.S. district court issued a stay to its ruling, which leaves BCRA, as enacted,
in effect until the Supreme Court issues a decision. For more information see,
Campaign Finance Reform Oversight [http://www.congress.gov/erp/legissues
/html/isele2.html], and CRS Report RL30669, Campaign Finance Regulation Under the
First Amendment.
On May 2, 2003, the U.S. District Court for the District of Columbia issued its
decision in McConnell v. FEC, a challenge to the constitutionality of numerous provisions
of the recently enacted Bipartisan Campaign Reform Act (BCRA), which was also known
as the McCain-Feingold campaign finance reform legislation prior to enactment. The
three-judge panel, which was split 2 to 1 on many key issues, ordered that its ruling take
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