FEC v. Wisconsin Right to Life, McCain v. Wisconsin Right to Life, Does the First Amendment Protect Political Speech?

On the morning of April 25 the Supreme Court will hear consolidated oral argument in two of the most important campaign finance cases in years. Pitting the Federal Election Commission, plus Sen. John McCain and other members of Congress, against numerous grassroots organizations, the question presented is whether those members, through the McCain-Feingold campaign finance act the Supreme Court upheld three years ago, can prevent such groups from running ads close to an election that take "a critical stance regarding a candidate's position on an issue." (Quoted from Senator McCain’s brief.) James Bopp will be arguing the case for the grassroots organizations, joined at the Court by Kathleen Sullivan. Professors Hasen and Lederman, who will also be at oral argument, have filed an amicus brief supporting the FEC and Senator McCain. Please join us for their assessments of the oral argument before the Roberts Court.