If the only time McCain-Feingold is challenged in court is when it is used to shut down conservative speech McCain-Feingold will never be overturned, but if it is used to challenge the seft-annoited pretty boy of the left, then it has a far batter chance of being thrown out as the courts are controlled by the left.
I agree.Tho we can hope for a fair ruling in SCOTUS, since only four of the five justices who upheld McCain in McConnell v. FEC (and three of the four who dissented from it) still sit.
But other than the risk of an adverse ruling from SCOTUS, there is a danger in a DailyKos v. FEC contest. What if DailyKos simply rolls over? That would put FR, and probably Talk Radio, in mortal peril. Bush should never have signed on to this turkey!