…but they grind exceeding fine, right? Well, looks like they’re not exactly grinding at all with respect to that infamous aspect of McCain-Feingold restricting ads by lobbying groups before an election.
Presently it seems to be the case that a group (not a PAC) intending to run an advertisement naming a federal candidate within the electioneering period, cannot obtain an injunction because of their inability to show a likelihood of success on the merits, cannot obtain a ruling in an as-applied challenge in the ordinary course because the time for running the ad will have come and gone, and cannot rely on any regulatory exceptions the FEC might author, because the FEC punted that opportunity.
It would seem the one recourse would be just to go ahead and run the ad, and define one’s constitutional rights in the resulting enforcement matter. Which - if the FEC pursues it to the courts, means we should have a judicial answer to this little puzzle in five to ten years. At best.
–From the Skeptic’s Eye. RTWT, with links, here.
You don’t suppose McClown knew it was going to work out this way, do you? I can see his stump response now: “I’d love to comment on that constitutional question about my law, but gee whiz, the courts have it and we really ought to see how that works out first. In the meantime, vote for me!”
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