RNC lawsuit against McCain-Feingold

Didn’t take long to shed McCain after Election Day. The Republican National Committee has filed lawsuits going after the soft money ban in the McCain-Feingold campaign finance law “to protect freedoms of speech and freedom of association” said RNC Chairman Mike Duncan on a conference call.

The RNC wants to raise money for 2009 races in Virginia and New Jersey, and for the state parties, and the federal law prohibits that. “When Bobby Jindal was running for Governor in Louisiana, I could not raise money for him” said Duncan. “I was barred from raising money for the state party that would be used for him. I feel that’s an infringement of my constitutional rights, both of association and free speech.”

Not the first time this was challenged, but in 2003, the 5-4 decision to keep the restrictions had Sandra Day O’Connor joining with the majority. Bush appointee Samuel Alito replaced her, so free-speech advocates are hopeful for a different result, given Alito’s siding against the law in two other cases.

I love Justice Scalia’s dissent in the McConnell case in 2003:

Who could have imagined that the same Court which, within the past four years, has sternly disapproved of restrictions upon such inconsequential forms of expression as virtual child pornography, tobacco advertising, dissemination of illegally intercepted communications, and sexually explicit cable programming would smile with favor upon a law that cuts to the heart of what the First Amendment is meant to protect: the right to criticize the government.

Kudos to the RNC. Laws that ban political parties from helping their candidates are insane. We have a former Chairman of the Democratic National Committee “exploring a run” for Governor here in Virginia. Is the Supreme Court going to decree that the Republican National Committee must sit idly by with its hands tied?

Category: Campaigns and Elections