Bob Bauer in his moresoftmoneyhardlaw.com blog points out that the lawyer representing Wisconsin Right To Life (WRTL) has requested an extended brief for a specific reason. Done so in light of the possibility that the "case might bring the electioneering communication prohibitions to constitutional ruin." Bauer divulges that the court's resolve to concentrate on the facts and circumstances of an ad is an important problem. "Under this test, no one can know when speech is protected; and if this leaves things fatally up in the air, the government seems content to leave them there." Here it is interestingly described as a never ending problem, for if the ad simply removed a reference to a candidate there wouldn't be a violation, but without such a reference it would not be eligible for an as applied challenge. The electioneering communications rule is too broad and firm to realize, as Bauer suggests, that the law may fail.