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Order Code RS21511
Updated May 8, 2003
Campaign Finance: Brief Overview of
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://lsmns2o.gtwy.uscourts.gov/dcd/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. In addition, parties to the lawsuit have asked the court for a stay of its
decision. Barring such a stay, the ruling will be 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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