McConnell v. Federal Election Comm'n, 540 U.S. 93, 33 (2003)

Page:   Index   Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

132

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of the Court

tions on sham issue advocacy by nonparty groups.35 The

majority expressed the view that a ban on the raising of soft money by national party committees would effectively address the use of union and corporate general treasury funds in the federal political process only if it required that candidate-specific ads be funded with hard money.36 The minority similarly recommended the elimination of soft-money contributions to political parties from individuals, corporations, and unions, as well as "reforms addressing candidate advertisements masquerading as issue ads." 37

II

In BCRA, Congress enacted many of the committee's proposed reforms. BCRA's central provisions are designed to address Congress' concerns about the increasing use of soft money and issue advertising to influence federal elections. Title I regulates the use of soft money by political parties, officeholders, and candidates. Title II primarily prohibits corporations and labor unions from using general treasury funds for communications that are intended to, or have the effect of, influencing the outcome of federal elections.

Section 403 of BCRA provides special rules for actions challenging the constitutionality of any of the Act's provisions. 2 U. S. C. § 437h note (Supp. II). Eleven such actions were filed promptly after the statute went into effect in March 2002. As required by § 403, those actions were filed in the District Court for the District of Columbia and heard by a three-judge court. Section 403 directed the District Court to advance the cases on the docket and to expedite their disposition "to the greatest possible extent." The court received a voluminous record compiled by the parties and ultimately delivered a decision embodied in a two-judge per curiam opinion and three separate, lengthy opinions,

35 Id., at 4468-4470, 4480-4481, 4491-4494.

36 Id., at 4492.

37 6 id., at 9394.

Page:   Index   Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: October 4, 2007