Many were amazed when the Supreme Court upheld this abrogation of political free speech. It looks like there may be a chance of it going down now. Better late than never.
Some of the unintended consequences of the BCRA (its alias) were the virtual advertising hegemony enjoyed by the 527’s such as moveon.org and the swiftboaters.
It appears that the Obama administration’s FEC lawyer was so “persuasive” in his arguments that the Supreme Court that the court did not think that it would be sufficient to just rule against him during their regular term that ended in June. No, they scheduled reargument of the case for last Wednesday and invited the lawyers to expand their arguments to include arguments for overruling the previous crazy decision. This is more likely now that Justices Roberts and Alito are on the case. Wow! What did this lawyer do to concern the court that much? Well, he slipped up and actually told them what the Obama administration had in mind. Here is a column by NRA EVP Wayne Lapierre. There was also a good article about it by Dave Kopel in the September NRA magazine but I can’t find a link to it. George Will also had a recent article, but I don’t remember him talking about book bannning.
The original case that was being heard was most likely to result in a decision as to whether McCain Feingold applied to some media but not to others.
You may remember that during the last Presidential primary, an organization called Citizens United had produced a movie that cast Hillary in a negative light, Hillary: The Movie. The FEC swooped in an blocked them from advertising the film on tv and the free distribution of it through pay-per-view. Citizens United sued the FEC. During the oral arguments, the FEC lawyer said that given the previous court ruling, congress could also ban books! Having revealed to the court what else the administration thinks that they can get away with, it appears the court wants to head off our “Dear Leader” from a further benevolent excercise of “extra-constitutional” power.
I am keeping my fingers crossed.