Legal Times/law.com has published this commentary by me, “Back on the Campaign Trail?, about the WRTL case. It begins:
- The Supreme Court will hear oral argument on April 25 in a new campaign-finance case, Wisconsin Right to Life v. FEC, with a decision expected by June. Those who think it is a good idea to keep big money out of politics should be afraid of this case. Very afraid.
As first blush, it is easy to mistake this as a low-stakes affair involving an overzealous Federal Election Commission clamping down on the political speech of a small ideological group, the anti-abortion organization Wisconsin Right to Life.
But appearances are deceiving: What’s really at stake is whether General Motors and the AFL-CIO will get to spend millions from their treasuries on TV and radio ads likely to influence the outcome of federal elections, and ultimately whether they and wealthy individuals funding these ads who want to shield their identities from public scrutiny will get a constitutional right to do so.