April 19, 2006
"This case is not about grassroots lobbying. It's a one-person crusade by Jim Bopp to take down a law he doesn't like"
So states the Campaign Legal Center's Gerry Hebert in this press release regarding Christian Civic League v. Maine, being heard Monday before a three-judge court in Washington DC. Here is the context of Gerry's remark:
Not only no plans to run the ad, but apparently no money to do so, even now. (See the very revealing email exchanges and summary of deposition testimony in this document filed by the FEC.) Will this case be dismissed on standing grounds? Will the court wait until the court deciding the same issue in the WRTL case acts first? Stay tuned.
UPDATE: Bob Bauer responds, defending Bopp and noting:
I haven't yet seen the document that Bob is referring to (and it is not linked on his post). But such an omission (if it is indeed an omission) reminds me of the decision in FEC v. Christian Action Network, 110 F.3d 1049 (4th Cir. 1997), in which the court criticized the FEC for failing to cite Buckley's footnote 52 in its briefs in a case about the meaning of "express advocacy:" "Throughout the FEC's entire 69 pages of briefing on the merits of this case, it never once quotes any of the numerous passages in Buckley and MCFL referring to 'explicit words' or 'express words' or 'language' of advocacy. Nor does it once quote Buckley 's footnote 52. Compare DNC Br. at 5 (quoting footnote 52 in full, including Buckley 's"express words" locution)."
Posted by Rick Hasen at April 19, 2006 03:46 PM