McConnell v. Federal Election Commission
Supreme Court of the United States
Argued September 8, 2003 Decided December 10, 2003
Full case name: Addison Mitchell McConnell v. Federal Election Commission Citations: 540 U.S. 93; 124 S. Ct. 619; 157 L. Ed. 2d 491; 2003 U.S. LEXIS 9195; 72 U.S.L.W. 4015; 17 Fla. L. Weekly Fed. S 13 Prior history: Mixed rulings by both the District Court for the District of Columbia and the Court of Appeals for the D.C. Circuit.
Holding
Money is property, not speech. Still, not all political speech is protected by the First Amendment from government infringement.
Court membership
Chief Justice: William Rehnquist Associate Justices: John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer
Case opinions
Majority by: Stevens, O'Connor Joined by: Souter, Ginsburg, Breyer Majority by: Rehnquist Joined by: O'Connor, Scalia, Kennedy, Souter Majority by: Breyer Joined by: Souter, Ginsburg, Stevens, O'Connor Concurrence by: Scalia Concurrence by: Thomas Concurrence by: Kennedy Joined by: Rehnquist, Scalia Dissent by: Rehnquist Joined by: Scalia, Kennedy Dissent by: Stevens Joined by: Breyer, Ginsburg
Laws applied
U.S. Const. amend. I; 116 Stat. 81
Overruled by
Federal Election Commission v. Wisconsin Right to Life, Inc.,(2007)

McConnell v. Federal Election Commission, 540 U.S. 93 (2003)^[1], is a case in which the United States Supreme Court upheld the constitutionality of most of the Bipartisan Campaign Reform Act of 2002. Image File history File links Seal_of_the_United_States_Supreme_Court. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Holding The Bipartisan Campaign Reform Acts restriction on issue ads in the months preceding elections is unconstitutional. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Constitutionality is the status of a law, a procedure, or an acts accordance with the laws or guidelines set forth in the applicable constitution. ... The Bipartisan Campaign Reform Act of 2002 (BCRA) is U.S. Congressional legislation which regulates the financing of political campaigns. ...

The case takes its name from Senator Mitch McConnell, Republican of Kentucky, and the Federal Election Commission, the federal agency that oversees U.S. campaign finance laws. Addison Mitchell Mitch McConnell, Jr. ... The Republican Party is one of two major contemporary political parties in the United States of America, along with the Democratic Party. ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ... The Federal Election Commission (or FEC) is an independent regulatory agency created in 1975 by the United States Congress to administer and enforce campaign finance legislation in the United States. ...

History

The case was brought by groups such as the California State Democratic Party and the National Rifle Association, and individuals including U.S. Senator Mitch McConnell, then the Senate Majority Whip, who argued that the legislation was an unconstitutional infringement on their First Amendment rights. Senator McConnell had been a longterm opponent of BCRA in the Senate due to his issues with its constitutional merits, and had led several Senate fillibusters to block its passage. Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ... This article concerns the National Rifle Association of the USA. For the UK organisation, see National Rifle Association of the United Kingdom The National Rifle Association, or NRA, is a non-profit group for the promotion of marksmanship, firearm safety, and the protection of hunting and personal protection firearm rights... In politics, a whip is a member of a political party in a legislature whose task is to ensure that members of the party attend and vote as the party leadership desires. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Filibuster can mean a legislative tactic. ...

In June 2003, the D.C. Court of Appeals issued a ruling on whether the law was constitutional. That ruling never took effect, as the case was immediately appealed to the Supreme Court. Court of Appeals is the title of certain appellate courts in various jurisdictions. ...

Oral arguments

The Supreme Court heard oral arguments in a special session on September 8, 2003. On Wednesday, December 10, 2003, it issued a complicated decision [1], totaling 300 pages in length, that with a 5-4 majority upheld the key provisions of McCain-Feingold including (1) the "electioneering communication" provisions (which required disclosure of, and prohibited the use of corporate and union treasury funds to pay for, broadcast, cable and satellite ads clearly identifying a federal candidate targeted to the candidate's electorate within 30 days of a primary or 60 days of a general election), and (2) the "soft money" ban (which prohibited federal parties, candidates and officeholders from raising or spending funds not in compliance with contribution restrictions, and prohibited state parties from using such "soft money" in connection with federal elections). is the 251st day of the year (252nd in leap years) in the Gregorian calendar. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... December 10 is the 344th day (345th in leap years) of the year in the Gregorian calendar, 21 days before the next year. ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

Opinions

Justices Breyer, Stevens, O'Connor, Souter, and Ginsburg established the majority for two parts of the Court's opinion: Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ...

• With respect to Titles I and II of the BCRA, Justices Stevens, O'Connor wrote the opinion of the Court.
• With respect to Title V of the BCRA, Justice Breyer wrote the Court's opinion.

Two dissenting opinions were included in the decision: John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ...

• Justice Stevens, joined by Justices Ginsburg, and Breyer, dissented on one section of the part of the Court's opinion written by the Chief Justice.
• The Chief Justice, joined by Justice Kennedy and Scalia, issued a 15-page dissent against the Court's opinion with respect to Titles I and V of the BCRA.

Three other justices wrote separate opinions on the decision: John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ...

• Justice Kennedy, joined by the Chief Justice, issued a 68-page dissenting opinion and appendix, noting that BCRA forces "speakers to abandon their own preference for speaking through parties and organizations."
• Justice Thomas issued a separate 25-page dissenting opinion noting that the Court was upholding the "most significant abridgment of the freedoms of speech and association since the Civil War."
• Justice Scalia issued a separate 19-page dissenting opinion, a "few words of [his] own," because of the "extraordinary importance" of the cases.

Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Freedom of speech is the concept of being able to speak freely without censorship. ... Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ...

Overturned Portions

On July 5, 2007, in Federal Election Commission v. Wisconsin Right to Life, Inc., the Supreme Court ruled that the organizations engaged in genuine discussion of issues were entitled to a broad, "as applied" exemption from the electioneering communications provisions of BCRA (those portions of BCRA that limited advertising that named a particular candidate by name within 30 days of a primary election and 60 days of a general election, if the ad was paid for by a corporation or union). Many observers argue that the exemption crafted by the Court effectively nullifies those provisions of the Act and overrules that portion of McConnell, but the full impact of Wisconsin Right to Life remains to be seen. is the 186th day of the year (187th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... Holding The Bipartisan Campaign Reform Acts restriction on issue ads in the months preceding elections is unconstitutional. ...

References

1. ^ 540 U.S. 93 (Full text of the decision courtesy of Findlaw.com)

External Link

• Summary of case from OYEZ