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handle is hein.crs/crsaiff0001 and id is 1 raw text is: Order Code RS21551
June 20, 2003
CRS Report for Congress
Received through the CRS Web
Campaign Finance: Issues Before the U.S.
Supreme Court in McConnell v. FEC
L. Paige Whitaker
Legislative Attorney
American Law Division
Summary
Shortly after the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155
(H.R. 2356, 107th Cong.) was enacted in March 2002 (also known as the McCain-
Feingold campaign finance reform legislation), Senator Mitch McConnell and others
filed suit in U.S. District Court for D.C. against the Federal Election Commission (FEC)
and the Federal Communications Commission (FCC) arguing that provisions of the law
are unconstitutional. Ultimately, eleven suits challenging BCRA were brought by more
than 80 plaintiffs and consolidated into one lead case, McConnell v. FEC. On May 2,
2003, the U.S. District Court for the District of Columbia issued its decision in
McConnell v. FEC, No. 02-CV-0582 striking down some key provisions of the law as
unconstitutional, but on May 19, it issued a stay of its ruling, which leaves BCRA, as
enacted, in effect until the Supreme Court issues a decision. (For information about the
decision, see CRS Report RS215 11, Campaign Finance: Brief Overview of McConnell
v. FEC.)
Under the BCRA expedited review provision, the court's decision will be reviewed
directly by the U.S. Supreme Court, which scheduled oral argument for September 8,
2003. This report provides a summary of the issues, as presented by the 12 groups of
appellants in their jurisdictional statements, that the Supreme Court will be considering
in this case. For more information see, the Supreme Court's BCRA cases web page
[http://www.supremecourtus.gov/bcra/bcra.html] and the Campaign Finance Reform
Oversight CRS page [http://www.congress.gov/erp/legissues/html/isele2.html].
Background
On March 27, 2002, the President signed into law the Bipartisan Campaign Reform
Act of 2002 (BCRA), P.L. 107-155 (H.R. 2356, 107h 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 and others filed suit in U.S.
District Court for the District of Columbia against the Federal Election Commission
Congressional Research Service **** The Library of Congress

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