Bob offers these measured thoughts. I am in the midst of reading all the briefs, and will comment on the case in the coming weeks. But let me just now point out something Bob says at the end of his post: “But it must contend with a strong sense that reform measures have traveled far from their legitimate origins if they are applied to prevent home-viewing of films produced by a nonprofit corporation in business to sell its political ideas.”
In my view, the nonprofit point is a red herring in this case. When Jim Bopp filed the case, he expressly stated he was not relying on the MCFL (QNC) exemption from the ban on spending from corporate treasury funds (and the requirement instead to use a PAC). Now, in the hands of Ted Olson, the argument has been revived. I think the government is right that it is waived.