By a 2-1 vote, a three judge district court has held that Wisconsin Right to Life is entitled to an “as applied” exemption to BCRA’s ban on paying for “electioneering communications” with corporate treasure funds. Opinion here; early AP story here. This is a case that will be appealed to the Supreme Court. Because it is an appeal from a three judge court and not a cert. petitition, the Court would have to take some action, if only a summary affirmance. Given the importance and controversy around this issue, I would be shocked if the Court did not note probable jurisdiction and set this case for argument. It could happen as early as this term, given the importance of this issue before the 2008 primary season gets into full swing.
More analysis to come.
UPDATE: My initial thoughts are here.