The United States District Court of Appeals for the District of Columbia Circuit today ruled in favor of EMILY’s List in the case EMILY’s List v. Federal Election Commission, striking down campaign finance restrictions on independent groups.
Responding to the Court’s ruling, Center for Competitive Politics Vice President Stephen H. Hoersting said “We’re grateful the court understands that groups that pose no threat of corruption should enjoy all of the speech that they and their donors can muster. Now groups that might create a PAC to give to candidates needn’t worry they will forfeit their right to run meaningful independent expenditures with unlimited donations.”
“This will largely remove the threat of political committee investigation at the FEC — because the Hobson’s choice between giving and speaking is removed, groups can establish a PAC and avoid the FEC investigation,” Hoersting said.
Sean Parnell, President of the Center for Competitive Politics, added that “We’re pleased to see courts at all levels clearly affording a greater respect for the First Amendment right of citizens support the candidates and causes of their choice without heavy-handed government interference. The days of citizens having to ask the government if, when, and how they may speak in politics appear to be coming to an end.”
In addition to EMILY’s List, the U.S. Supreme Court recently heard arguments about overturning the 1990 Austin decision and part of the McConnell ruling that upheld McCain-Feingold (Citizens United v. Federal Election Commission), federal judges in Arizona and Maine have ruled against key parts of those state’s program for taxpayer financing of political campaigns (McComish v. Bennett and Green Party of Connecticut v. Garfield), and a federal judge in Florida struck down that state’s “electioneering communications” statute. In addition, the U.S. Supreme Court struck down or narrowed key elements of McCain-Feingold in 2007 and 2008 (Wisconsin Right to Life v. Federal Election Commission and Davis v. Federal Election Commission).
