WASHINGTON—Outside political organizations will play a larger role in the 2010 midterm congressional elections after a decision by the U.S. Supreme Court Thursday to strike down elements of the McCain-Feingold campaign-finance law.
"There will be a lot more groups advocating for and against candidates," said Cleta Mitchell, a lawyer with Foley & Lardner who advices outside political organizations. "It rips the duct tape off the mouths of the American people."
The Supreme Court decision stripped away rules that limited the ability of corporations, unions and other organizations to fund and organize their own political campaigns for or against candidates. The court also struck down a part of the McCain-Feingold campaign-finance law that prevented any independent political group from running advertisements with 30 days of a primary election or 60 days before a general election.
Together, the decisions make it easier for corporations, labor unions and other entities to mount political campaigns for and against candidates for Congress and the White House.
The Supreme Court decision is the latest in a string of judicial rulings that have chipped away at federal limits on the political activity of outside groups in elections. Last year, a federal court overturned rules imposed by the Federal Election Commission that made it more difficult for outside political groups to raise money for political advertisements.
"Taken together, the recent federal court decisions demonstrate that the government cannot regulate individuals, corporations and other entities that wish to speak out about candidates in the upcoming midterm elections," said William McGinley, a campaign-finance lawyer with Patton Boggs LLP.
At issue are limits on how companies, unions and others can get influence elections. The 2002 McCain-Feingold campaign-finance law barred corporations, labor unions and individuals from making unlimited political donations to the Republican National Committee, Democratic National Committee and other political parties.
The law led to an increase in the number and power of outside political groups beginning during the 2004 presidential election.
Reaction to the court's decision split largely along ideological lines Thursday. Groups aligned with unions and liberal causes worried that the decision would open up a flood of corporate money to conservative candidates. Groups aligned with conservative causes and business interests applauded the ruling as restoring free-speech rights. Independent groups across the political spectrum will use the ruling to drum up more contributions for their election efforts.
Sen. Charles Schumer, (D., N.Y.), said in a statement he will introduce legislation to "minimize the impacts" of the court's decision, which he called "worse than we had feared."
Anna Burger, a senior political official with the Service Employees International Union, said the decision "lifted the floodgates and started dismantling century-old restrictions on corporate electoral activity in the name of the 'free speech rights' of corporations."
Steve DeMaura, the head of the conservative-leaning Americans for Job Security, called the decision an "unequivocal victory" for those "who believe in free speech and the rights of organizations such as ours to promote our point of view."
