Rick Hasen tells us about a new Supreme Court decision on campaign finance:
Breaking Supreme Court Election Law News: Supreme Court Unanimously Reverses Wisconsin Campaign Finance Case, Denies Cert in Key Judicial Elections Case, and Sets Argument Times in Remaining Campaign Finance Cases
[Big Skip, and...]
Longer term, the opinion could be significant. First, it gets the courts and the FEC into the business of separating genuine issue ads from sham isue ads. The irony of course is that the bright line electioneering communications provision was sold as having the benefit of keeping the courts out of this mess. It is sometimes going to be impossible to determine whether an advertiser had an electioneering motive, as the facts of this case well demonstrate. It could be that the courts craft a tough test for plaintiffs to fit into this as applied exception. Or, if as I've suggested, the Supreme Court could well be moving toward more deregulation of campaign finance, this could be an important first step toward undermining McConnell without overruling it.