RS21511 -- Campaign Finance: Brief Overview of District Court Opinion in McConnell v.FEC
Updated May 19, 2003

	Background

On March 27, 2002, the President signed into law the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155 ( H.R. 2356 , 107th Cong. ), and most provisions of thenew law became effective on November 6, 2002. Shortly after President Bush signed BCRA into law, SenatorMitch McConnell filed suit in U.S. District Court for the District ofColumbia against the Federal Election Commission (FEC) and the Federal Communications Commission (FCC). In summary, the McConnell complaint for declaratory and injunctiverelief argued that portions of BCRA violate the First Amendment and the equal protection component of the DueProcess Clause of the Fifth Amendment to the Constitution. Ultimately, eleven suits challenging BCRA were brought by more than 80 plaintiffs and were consolidated into one lead case, McConnell v. FEC , (3) bythe U.S. District Court for theDistrict of Columbia. On December 4 and 5, 2002 oral argument was heard in McConnell v. FEC before the three-judge panel of the U.S. District Court for the District of Columbia. Under the BCRAexpedited review provision, (4) the court's decision,which was issued on May 2, 2003, will be reviewed directly by the U.S. Supreme Court.
On March 27, 2002, the President signed into law the Bipartisan Campaign ReformAct of 2002 (BCRA), P.L. 107-155 (H.R. 2356, 107th Cong.), which was also known as the McCain-Feingold campaign finance reformlegislation prior to enactment. Most provisions of the new law became effective onNovember 6, 2002. Shortly after President Bush signed BCRA into law, Senator Mitch McConnell filed suit in U.S.District Court for the District of Columbia against the FederalElection Commission (FEC) and the Federal Communications Commission (FCC). Ultimately, eleven suitschallenging the campaign finance reform law were brought by more than 80plaintiffs and were consolidated into one lead case, McConnell v. FEC. In summary, the McConnellcomplaint for declaratory and injunctive relief argued that portions of BCRA violatethe First Amendment and the equal protection component of the Due Process Clause of the Fifth Amendment to theConstitution. On May 2, 2003, the U.S. District Court for theDistrict of Columbia issued its decision in McConnell v. FEC, striking down many key provisions ofthe law. (See the text of the per curiam opinion athttp://www.dcd.uscourts.gov/02cv582a.pdf.) This report provides a brief overview of the court's decision and willbe updated. The three-judge panel, which was split 2 to 1 on manyissues, ordered that its ruling take effect immediately. Since the court has issued its opinion, several appeals havebeen filed. Under the BCRA expedited review provision, the court'sdecision will be reviewed directly by the U.S. Supreme Court. On May 19 the U.S. district court issued a stay toits ruling, which leaves BCRA, as enacted, in effect until the SupremeCourt issues a decision. For more information see, Campaign Finance Reform Oversight http://www.congress.gov/erp/legissues/html/isele2.html, and CRS Report RL30669,Campaign Finance Regulation Under the First Amendment.