Court hints at campaign ad rule exemption

WASHINGTON – The Supreme Court issued a unanimous opinion Monday that suggests some political advertisers may eventually be entitled to an exemption from regulations imposed by the 2002 Bipartisan Campaign Reform Act.

In an unsigned opinion issued six days after the justices heard oral arguments in the case, brought by an anti-abortion group, the court threw out a 2004 federal court ruling that had barred all challenges to a key provision of the law by corporate or union advertisers.

Wisconsin Right to Life had challenged the part of the 2002 campaign finance law that bans the use of corporate or union money for ads that identify federal candidates two months before a general election. Ads the group wanted to broadcast in the state during the 2004 election would have urged people to tell Sen. Russell Feingold, D-Wis., who was up for re-election, and the state’s other senator to oppose a filibuster of President Bush’s judicial nominees.

The group contends the law violates its First Amendment right to broadcast non-election-related grass-roots lobbying ads and that the content of political ads must be considered case by case.

The justices said the decision by a three-judge panel of the U.S. District Court in Washington was a misinterpretation of the Supreme Court’s 2003 decision upholding the law, which is also known as the McCain-Feingold law, named after its two Senate sponsors, John McCain, R-Ariz., and Feingold.

The court ordered the three-judge panel to redo the case and say specifically which kinds of corporate-paid ads may qualify for an exemption.

Monday’s ruling leaves the law unchanged through the 2006 election cycle. But it creates the real possibility that the courts could later devise a loophole for many corporate or union advertisements. The challengers get a second try in the courts now; if that produces a broad definition of exempt advertising, then the McCain-Feingold provision could be significantly undercut, election law analysts said.

The decision also avoided a potentially sticky situation in which the court, without the departing Justice Sandra Day O’Connor, would have tied 4 to 4 on the merits of the case.

Separately Monday, the court steered clear of another dispute over campaign finance rules for state judicial elections. The justices declined to hear an appeal by the chairperson of the Minnesota Board on Judicial Standards, who was asking them to uphold ethics rules banning personal fund-raising or partisan activity by judicial candidates. Instead, the justices let stand a federal appeals court ruling that struck down the rules as a violation of free speech.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Jasmine Donahue talks about being a place for people leave messages when looking for family members, friends or loved ones on the street on Thursday, Jan. 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett extends deadline for homeless service facing closure

Hope ‘N Wellness must now comply with city zoning laws by April 30. The organization is “grateful,” its owner said, but still hopes for a permanent solution.

New Greater Everett Chamber of Commerce CEO CEO Wendy Poischbeg speaks at a kick off event on Wednesday, Jan. 15, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Everett Rising’: Wednesday’s chamber luncheon to showcase a new era of growth.

The Greater Everett Chamber of Commerce is beginning its efforts… Continue reading

The Edmonds School District building on Friday, Feb. 14, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Edmonds School District faces estimated $8.5 million deficit

The shortfall is lower than previous years, but the effects are “cumulative,” Superintendent Rebecca Miner said.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Hundreds rally against Trump on Presidents Day in Everett

People lined Broadway with signs and flags, similar to other protests across the country.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.