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Wisconsin Right to Life v. Federal Election Commission (FEC)

Docket No.: 04-1581
Certiorari Granted: 9/27/2005
Argued: January 17, 2006
Decided: January 23, 2006

Topic:

First Amendment

PartyNames: Wisconsin Right to Life, Inc., Appellant v. Federal Election Commission
Petitioner: Wisconsin Right to Life, Inc., Appellant
Respondent: Federal Election Commission

Court Below: United States District Court for the District of Columbia

Wisconsin Right to Life, Inc., Appellant
v.
Federal Election Commission
546 U.S. 410 (2006)
Question Presented:

1. Whether as-applied challenges are permitted to the prohibition on corporate disbursements for electioneering communications at 2 U.S.C. § 441b after McConnell v. FEC, 540 U.S. 93 (2003).2. If so, whether the prohibition on electioneering communications is unconstitutional as applied to the facts of this case, and particularly (a) the three particular grass-roots lobbying broadcast communications sponsored by Wisconsin Right to Life, Inc. here and/or (b) grass-roots lobbying communications generally, as carefully defined, with any communications to be funded either from a general corporate account or, alternatively, from a separate bank account to which only qualified individuals may donate, as defined in 2 U.S.C. § 434(f)(2)(E).

Question:

Does McConnell v. Federal Election Commission (2003) allow "as-applied" challenges to the Bipartisan Campaign Reform Act's prohibitions on corporate funding of political advertisements?

Holding: judgment vacated and remanded
Vote: 9-0
Opinion By: Per Curiam
Read WISCONSIN RIGHT TO LIFE V. FEDERAL ELECTION COMMISSION (FEC) opinion (PDF)
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