Reformers rejoice as interest groups on the left and right sputter to make sense of the brave new McCain-Feingold world. Everyone seems to agree that McConnell v. FEC is both a surprisingly bold decision and bad news for the Dems in the short term. Well, so be it. With the Supreme Court finally admitting that dollars debase democracy, the door is now open for tougher campaign finance laws in the very near future.
Tag: Campaign Finance Reform
Woohoo!
By a vote of 5-4 (Justice O’Connor the swing vote as expected), the Supreme Court upheld the McCain–Feingold soft-money ban today in McConnell v. FEC. Well, Scalia may call this a “sad day for the freedom of speech,” but I for one think this is great, great news. “Money, like water, will always find an outlet,” as the majority put it, but at least the highest Court in the land has now recognized the corrosive impact of unregulated loot on the political process. This decision will hopefully do much to disentangle the pernicious conflation of speech and money in Buckley v. Valeo, and set the stage for continued meaningful campaign finance reform in the years to come. While McConnell v. FEC doesn’t eliminate the bad taste of Bush v. Gore, it is a huge step in the right direction by this Court.
The Hair of the Dog.
As Dubya continues to fill his coffers to combat the growing threat posed by Howard Dean, George Soros rides to the rescue of the Dems once again. As with Dean’s recent decision, I’m feeling a bit ambivalent about what all this means for campaign finance (particularly at a time when some states are cancelling primaries), but I think most of the time Soros is on the side of the angels, and it is good to have someone to stand against the Montgomery Burnses and Richard Mellon Scaifes of this world.
The Big Mo.
As Dean tries to move on by belatedly apologizing for his confederate flag snafu, he is rewarded with an endorsement from the SEIU (and likely the AFSCME), some of the largest unions in the AFL-CIO. (At this point, that sucking sound you hear is Dick Gephardt’s campaign folding in on itself.) Dean — now indisputably the front-runner, and one who’s starting to flirt with inevitability — has also started weighing whether or not to opt out of public financing. Well, while it’s hard to envision a scenario where Dean (or any other Dem) could remain competitive in the general if they do accept public financing (unless they struck a deal with Dubya, which is unlikely to the extreme), this moment does in some way sadly represent the death knell of the current campaign finance system. Perhaps something for the Court to consider in their McCain-Feingold deliberations.
Split Decision?
As noted yesterday, the Court heard arguments this morning on the Bipartisan Campaign Reform Act (McCain-Feingold). And, in spite of reformers’ earlier hopes, it seems Chief Justice Rehnquist was predisposed against the law, meaning that the fateful decision is probably in the hands of Justice O’Connor, as per usual. Politically speaking, I’d think this Court would have to uphold reform after thrusting themselves so deeply into the Bush v. Gore fiasco, but I guess we’ll see. (Speaking of which, on a side note, conservative zealot Ted Olsen apparently referred to his friend and fellow Richard Mellon Scaife patron Ken Starr as “Justice Starr” during the proceedings, telling him he’ll “have to wait” for his spot on the bench. Sorry, Ken, not in a million years.)
Judgment Day.
Tomorrow, McCain-Feingold finally gets its day in court. For the plaintiffs (aiming to kill the legislation for Big Money), our old friend Ken Starr. For the government (nominally committed to the bill), Ted Olsen. For the reforms, former Clinton Solicitor General Seth Waxman. All in all, it should be a doozy..if I had my druthers, of course, the Court will not only uphold McCain-Feingold but revisit the “money = protected speech” formulation drawn in Buckley v. Valeo. In terms of constitutional principle, it’s one person, one vote…dollars shouldn’t enter the equation.
Here Comes the Judge.
As McCain-Feingold nears its day in court, advocates and opponents of reform look to Chief Justice Rehnquist as a major swing vote (along with Justice O’Connor). Hmmm…I have to say I don’t have much faith in Rehnquist’s jurisprudence at this point, but perhaps he’ll surprise me.
Enron all over again?
Hmmm. Apparently FirstEnergy, the Ohio company at the heart of the blackout investigations, is headed by major Dubya donors. Why am I not surprised?
DeLay’s Dollars.
“Tom DeLay is the king of congressional influence-money. In DeLay’s world, the operating rule is you have to pay to play.” Democracy 21 takes a comprehensive look at the Exterminator’s money machine, and it ain’t pretty.
Rage against the Machine.
Campaign finance reformers, among them McCain, Feingold, Shays, and Meehan, set their sights on the FEC. If nothing else, a commission with an even-number of members seems designed to benefit the status quo.