BCRA—Calm Before the Storm?

The Supreme Court is back in session on Monday, and the next chance that they could issue the opinion in the BCRA (McCain-Feingold) campaign finance case is Tuesday, December 2. My prediction had been a decision between mid-October and November, and that is about to be proven wrong. Some are betting on a December 15 decision, the last date that the Court is in session before a month-long break, and about a month before the first primary (meaning just when the electioneering communications provisions of BCRA kick in, requiring disclosure and the use of separate segregated funds by unions and corporations for broadcast spending that mentions a candidate and is targeted at the relevant electorate). Stay tuned.
UPDATE: Over at SCOTUSblog, Marty Lederman reports that the Court will issue opinions on Tuesday, but not Wednesday, of next week. We do not know if the BCRA opinion will be issued on Tuesday or not.

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