McCONNELL v. FEDERAL ELECTION COMM'N

No. 02-1674.

540 U.S. 93 (2003)

McCONNELL, UNITED STATES SENATOR, ET AL. v. FEDERAL ELECTION COMMISSION ET AL.

Supreme Court of United States.

Decided December 10, 2003


Attorney(s) appearing for the Case

Kenneth W. Starr and Floyd Abrams argued the cause for plaintiffs below, Senator Mitch McConnell et al., appellants in No. 02-1674 and cross-appellees in Nos. 02-1676 and 02-1702. With them on the briefs were Edward W. Warren, Susan Buckley, Brian Markley, Kathleen M. Sullivan, Valle Simms Dutcher, L. Lynn Hogue, Jan Witold Baran, Lee E. Goodman, G. Hunter Bates, Jack N. Goodman, and Jerianne Timmerman.

Bobby R. Burchfield argued the cause for the political party plaintiffs below. With him on the briefs for the Republican National Committee et al., appellants in No. 02-1727, the California Democratic Party et al., appellants in No. 02-1753, and the Libertarian National Committee, Inc., one of the appellants in No. 02-1733, were Thomas O. Barnett, Richard W. Smith, Lance H. Olson, Deborah B. Caplan, Joseph E. Sandler, John Hardin Young, Charles H. Bell, Jr., Jan Witold Baran, Lee E. Goodman, Thomas J. Josefiak, Benjamin L. Ginsberg, Eric A. Kuwana, Michael A. Carvin, James Bopp, Jr., Richard E. Coleson, and Thomas J. Marzen.

Solicitor General Olson and Deputy Solicitor General Clement argued the cause for federal defendants below, the Federal Election Commission et al. With them on the briefs were Assistant Attorney General Keisler, Malcolm L. Stewart, Gregory G. Garre, Douglas N. Letter, Dana J. Martin, Terry M. Henry, Lawrence H. Norton, Richard B. Bader, and David Kolker.

Seth P. Waxman argued the cause for the intervenor-defendants below, Senator John McCain et al. With him on the briefs were Randolph D. Moss, Edward C. DuMont, Paul R. Q. Wolfson, Roger M. Witten, Burt Neuborne, Frederick A. O. Schwarz, Jr., Charles G. Curtis, Jr., David J. Harth, Bradley S. Phillips, E. Joshua Rosenkranz, Alan B. Morrison, Scott L. Nelson, Eric J. Mogilnicki, Michael D. Leffel, Fred Wertheimer, Alexandra Edsall, and Trevor Potter.

Laurence E. Gold argued the cause for plaintiffs below, the American Federation of Labor and Congress of Industrial Organizations et al., appellants in No. 02-1755 and appellees in Nos. 02-1676 and 02-1702. With him on the briefs were Jonathan P. Hiatt, Michael B. Trister, and Larry P. Weinberg.

Jay Alan Sekulow argued the cause for plaintiffs below, Emily Echols et al. With him on the brief were James M. Henderson, Sr., Stuart J. Roth, Colby M. May, Joel H. Thornton, Walter M. Weber, James Bopp, Jr., Richard E. Coleson, and Thomas J. Marzen.

Briefs in No. 02-1675 were filed for appellants National Rifle Association et al. by Charles J. Cooper, David H. Thompson, Hamish P. M. Hume, Brian S. Koukoutchos, and Cleta Mitchell.

Briefs in No. 02-1733 were filed for plaintiffs-appellants/cross-appellees National Right to Life Committee, Inc., et al. by James Bopp, Jr., Richard E. Coleson, and Thomas J. Marzen.

Briefs in No. 02-1734 were filed for appellant American Civil Liberties Union by Mark J. Lopez, Steven R. Shapiro, and Joel M. Gora.

Briefs in No. 02-1740 were filed for appellants Victoria Jackson Gray Adams et al. by John C. Bonifaz, Bonita P. Tenneriello, Lisa J. Danetz, Brenda Wright, and David A. Wilson.

Briefs in No. 02-1747 were filed for appellants Congressman Ron Paul et al. by William J. Olson, John S. Miles, Herbert W. Titus, and Gary G. Kreep.

Briefs in No. 02-1756 were filed for appellants Chamber of Commerce of the United States et al. by Jan Witold Baran, Lee E. Goodman, Stephen A. Bokat, and Jan Amundson.

STEVENS and O'CONNOR, JJ., delivered the opinion of the Court with respect to BCRA Titles I and II, in which SOUTER, GINSBURG, and BREYER, JJ., joined. REHNQUIST, C.J., delivered the opinion of the Court with respect to BCRA Titles III and IV, in which O'CONNOR, SCALIA, KENNEDY, and SOUTER, JJ., joined, in which STEVENS, GINSBURG, and BREYER, JJ., joined except with respect to BCRA §305, and in which THOMAS, J., joined with respect to BCRA §§ 304, 305, 307, 316, 319, and 403(b), p. 224. BREYER, J., delivered the opinion of the Court with respect to BCRA Title V, in which STEVENS, O'CONNOR, SOUTER, and GINSBURG, JJ., joined, p. 233. SCALIA, J., filed an opinion concurring with respect to BCRA Titles III and IV, dissenting with respect to BCRA Titles I and V, and concurring in the judgment in part and dissenting in part with respect to BCRA Title II, p. 247. THOMAS, J., filed an opinion concurring with respect to BCRA Titles III and IV, except for BCRA §§ 311 and 318, concurring in the result with respect to BCRA § 318, concurring in the judgment in part and dissenting in part with respect to BCRA Title II, and dissenting with respect to BCRA Titles I, V, and § 311, in which opinion SCALIA, J., joined as to Parts I, II-A, and II-B, p. 264. KENNEDY, J., filed an opinion concurring in the judgment in part and dissenting in part with respect to BCRA Titles I and II, in which REHNQUIST, C.J., joined, in which SCALIA, J., joined except to the extent the opinion upholds new FECA §323(e) and BCRA §202, and in which THOMAS, J., joined with respect to BCRA §213, p. 286. REHNQUIST, C.J., filed an opinion dissenting with respect to BCRA Titles I and V, in which SCALIA and KENNEDY, JJ., joined, p. 350. STEVENS, J., filed an opinion dissenting with respect to BCRA §305, in which GINSBURG and BREYER, JJ., joined, p. 363.


JUSTICE STEVENS and JUSTICE O'CONNOR delivered the opinion of the Court with respect to BCRA Titles I and II.*

The Bipartisan Campaign Reform Act of 2002 (BCRA), 116 Stat. 81, contains a series of amendments to the Federal Election Campaign Act of 1971 (FECA or Act), 86 Stat. 11, as amended, 2 U.S.C.A. § 431 et seq. (main ed. and Supp. 2003), the Communications Act of 1934, 48 Stat...

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