The James Madison Center has filed this brief in the Supreme Court raising an as applied challenge to the electioneering communications provisions of BCRA. The gist of the case is that BCRA’s ban on broadcast ads paid for with corporate funds cannot apply to a corporation that is running a genuine issue ad not intended to influence the outcome of an election. You can find links to my earlier coverage of this case here. On page 55 of my recent Penn Law Review article on McConnell, I express doubts that an as-applied challenge like WRTL’s challenge will succeed. For a different viewpoint, see Bob Bauer here, here, and here. UDPATE: You can find links to some earlier SCOTUSblog posts on this case here.