Rick Hasen and three others have written an amicus brief supporting the Federal Election Commission (FEC) in the Wisconsin Right to Life case urging the Supreme Court to reverse the lower court ruling. The district court erred in its most recent opinion by applying a poorly tailored and constitutionally tone-deaf test for separating electioneering communications likely to influence voters' choices in federal elections from those unlikely to have such an effect. It would permit corporate use of treasury funds for speech that falls within the core of the constitutional justifications for BCRA's regulation. However, Bob Bauer disagrees in his blog www.moresoftmoneyhardlaw.com. The brief offers an as-applied exemption for issue advertising - whether the ad has an "appreciable effect on voters' choices in a federal election," which Bauer argues is too limited. The political circumstances immediately before an election are used to justify the threat to an organization's right to broadcast grassroots lobbying communications, as is protected by the First Amendment. OMB Watch plans to file an amicus brief as done in November 2005.