WRTL Aftermath: Confusion

The recent New York Times Magazine has an article titled, "Right to Spend" which discusses the complex and certain issue of money in politics by referencing the recent Wisconsin Right to Life (WRTL) decision without actually discussing the case. "Now, however, the Supreme Court has used the First Amendment to throw out one part of the law and threatened to discard the rest. In this new gilded age, are we doomed to return to gilded-age politics? Certainly, the end of McCain-Feingold would have consequences." However, this is not the end of McCain-Feingold (the Bipartisan Campaign Reform Act, or BCRA). As an article in the latest OMB Watcher points out, the decision upholds the free-speech rights of grassroots lobbying organizations, and the actual impact is likely to be much more limited than many are forewarning. Readers of the New York Times Magazine piece can easily be misled to understand that the rest of BCRA will soon be dismissed. Bob Bauer at moresoftmoneyhardlaw.com also responds here. Meanwhile, as anticipated, discussion of the opinion remains. In the LA Times, Thomas Mann and Bradley Smith discuss the merits of the Court's decision.
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