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McCain-Feingold to be overruled? SC orders argument on McConnell(McCain-Feingold)being overruled.
ScotusBlog ^

Posted on 06/29/2009 8:15:33 AM PDT by jeltz25

The Court has held that Citizens United v. Federal Election Commission (08-205) will be reargued on Wednesday, September 9 at 10 a.m. The Court has issued the following written order: “The parties should address the following question: ‘For the disposition of this case, should the Court overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002?’

(Excerpt) Read more at scotusblog.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events
KEYWORDS: bcra; campaignfinance; mccain; mccainfeingold; mccainlegacy; mccaintruthfile; mcqueeglegacy; ruling; scotus
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The SC has ordered a special argument to decide whether McCain-Feingold should be gutted and McConnell overruled in large part. I doubt they'd take such a step if they weren't serious about doing so. Usually when they order rehearing to ask if a case should be overruled, it ends up being overruled. WHy didn't they just overrule it now? Probably because the case didn't explicitly raise the issue so if they're going to take such a big step they want to do it the right way and have a full argument on it.

But reading the tea leaves, McCain-Feingold is finished.

Another big win, and thanks to W for getting rid of O'Connor and putting a strong conservative like Alito who will do the right thing.

1 posted on 06/29/2009 8:15:35 AM PDT by jeltz25
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To: jeltz25

Yep, I read this the same way.


2 posted on 06/29/2009 11:42:31 AM PDT by xjcsa (Currently shouting "I told you so" about Michael Steele on my profile page.)
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To: jeltz25

Terrific!!!! There is hope yet.


3 posted on 06/29/2009 11:43:03 AM PDT by Blogger
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To: jeltz25

IMO, McCain-Feingold doesn’t amount to much anymore. The interweb thingy has completely gutted the Dinosaur Media Order of Things. They don’t dictate what or when information is distributed.


4 posted on 06/29/2009 11:47:36 AM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: jeltz25
Another big win, and thanks to W for getting rid of O'Connor and putting a strong conservative like Alito who will do the right thing.

How did W "get rid" of O'Connor?

Didn't he put Alito on AFTER he tried to put Meiers on?

5 posted on 06/29/2009 11:48:25 AM PDT by raybbr (It's going to get a lot worse now that the anchor babies are voting!)
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To: jeltz25

Hell yes McCain-Feingold should be gutted. I suggest the Supreme Court read the 1st Amendment to the Constitution.


6 posted on 06/29/2009 11:49:22 AM PDT by VA_Gentleman (The tree of liberty needs to be refreshed...)
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To: jeltz25

I don’t think W got rid of O’Connor.


7 posted on 06/29/2009 11:51:31 AM PDT by willgolfforfood
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To: jeltz25

Citizens United v. Federal Election Commission (Wiki)

Citizens United v. Federal Election Commission is an ongoing legal case in which the United States Supreme Court will decide whether a politically charged film can be defined as a "campaign ad" under the Bipartisan Campaign Reform Act, commonly known as the McCain-Feingold Act. This case is an appeal from a lower court case of the same name from 2008, in which the United States District Court for the District of Columbia sided with the Federal Election Commission (FEC) that Hillary: The Movie could not be shown on television right before the 2008 Democratic primaries under the McCain-Feingold Act.

Background

Citizens United, a conservative nonprofit organization, wanted to run television commercials promoting its film Hillary: The Movie, a documentary critical of then-Senator Hillary Clinton. In January 2008, the United States District Court for the District of Columbia ruled that the commercials violated the provision in the McCain-Feingold Act restricting "electioneering communications" 30 days before primaries and clearly had no other purpose than discredit Clinton; Citizens United argued that the film was fact-based and nonpartisan. The Supreme Court docketed this case on August 18, 2008, and heard oral arguments on March 24, 2009. A decision is expected sometime in the early summer months of 2009. On June 29, 2009, the Supreme Court issued an order directing the parties to reargue the case on September 9, and address the following question at oral argument: ‘For the disposition of this case, should the Court overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002?’”

8 posted on 06/29/2009 11:52:20 AM PDT by BP2 (I think, therefore I'm a conservative)
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To: jeltz25

I have trouble praising Bush for the destruction of McCain-Feingold—if that is what this does.

President Bush should have vetoed it in the beginning.


9 posted on 06/29/2009 11:53:21 AM PDT by Venturer
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To: jeltz25
Congress shall make no law(s) respecting an establishment of religion, or (and) prohibiting the free exercise thereof; or (and) abridging the freedom of speech, or of the press; or (and) the right of the people peaceably to assemble, and to petition the Government for a redress of grievances -First amendment (with some liberal corrections...)
10 posted on 06/29/2009 11:57:18 AM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: jeltz25

If McCain/Feingold is overturned and I hope that it is, what will be the effect upon 527 funding organizations?


11 posted on 06/29/2009 11:59:05 AM PDT by miele man
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To: jeltz25

W is the one who signed the piece of garbage into law in the first place.


12 posted on 06/29/2009 12:08:38 PM PDT by counterpunch (In this present crisis, government is not the solution to our problem. Government is the problem.)
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To: jeltz25

Bush should have just vetoed the damned thing.


13 posted on 06/29/2009 12:18:52 PM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: counterpunch
Bush ran on a platform of not agreeing with it, but he said he would sign it if it crossed his desk.

He kept his word. He wasn't going to take on the fight, particularly since it would have largely been against his own party (plus the media would have been damning him even harder than they did).

14 posted on 06/29/2009 12:19:36 PM PDT by what's up
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To: jeltz25
Man I sure hope they scrap that abomination called McCain-Feingold.
15 posted on 06/29/2009 12:21:19 PM PDT by TexasFreeper2009
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To: what's up
He kept his word. He wasn't going to take on the fight, particularly since it would have largely been against his own party (plus the media would have been damning him even harder than they did).

Exactly what part of "Support and defend the Constitution of the United States" did W not understand?

It was his sworn duty to veto it. He failed to do so because of politics. That kind of says it all doesn't it?

The bill was passed by the House of Representatives on February 14, 2002 with 240 yeas and 189 nays including 6 members that did not vote. Final passage in the Senate came after supporters mustered the bare minimum of 60 votes needed to shut off debate. The bill passed the Senate, 60-40 on March 20, 2002, and was signed into law by President Bush on March 27, 2002.

Also as noted in the text quoted from Wiki above you'll note the bill wasn't passed until W had been President for over two years. How exactly did he campaign in 1998 for passing the bill?

TS

16 posted on 06/29/2009 12:30:36 PM PDT by The Shrew (www.wintersoldier.com; www.tstrs.com; The Truth Shall Set You Free!)
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To: what's up

Yeah, Bush won so much good will by signing away our First Amendment rights, didn’t he?
Other than tax cuts, every legislative victory Bush won advanced the Left’s agenda, not the Right’s.

Ted Kennedy’s education bill, McCain-Feingold, the most massive entitlement expansion since LBJ (MediCare Rx), creation of a bloated new department of Big Brother (DHS).
Doing the Democrats’ bidding still didn’t stop them from making fun of him for 8 years, it didn’t win him any support from them on his own agenda that never went anywhere, and it didn’t gain him their respect.


17 posted on 06/29/2009 12:36:59 PM PDT by counterpunch (In this present crisis, government is not the solution to our problem. Government is the problem.)
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To: abb

I work at a Christian non-profit. We are very limited in what we’re able to blog about or publish, because of this law.


18 posted on 06/29/2009 12:44:57 PM PDT by Theo (Global warming "scientists." Pro-evolution "scientists." They're both wrong.)
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To: Straight Vermonter; counterpunch
yeah...Bush said afterwards that he figured it would be declared unconstitutional.... He was being bipartisan signing it.

funny how bipartisanship means the right submitting to the left, but not vice versa.

19 posted on 06/29/2009 12:46:38 PM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: The Shrew
How exactly did he campaign in 1998 for passing the bill?

I assume you mean 2000.

Every time Bush was asked about this during the campaign he said exactly what I stated above. He didn't like the legislation but would sign it. He wasn't going to put up a stink over this one.

In 20/20 hindsight Bush is excoriated for this (as he is everything else).

But back then there was NO upset over his stance because people were so desperate to get Bush in over Gore, the degenerate state of the military being the main reason.

20 posted on 06/29/2009 12:52:45 PM PDT by what's up
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