Statement of U.S. Senator Russ Feingold On the Supreme Court’s Decision in Wisconsin Right to Life v. FEC June 25, 2007 Washington, DC – Today the United States Supreme Court reached its decision in FEC v. Wisconsin Right to Life, a case challenging the application of the electioneering communications provisions of the McCain-Feingold bill to particular advertisements that ran in Wisconsin in July and August 2004. The McCain-Feingold bill prohibited corporations and unions from spending their treasury money on ads that mention federal candidates 30 days before a primary or 60 days before a general election. Following the decision, Senator Feingold released this statement: “While I am disappointed in today’s ruling in the Wisconsin Right to Life case, it does not affect the Court’s decision four years ago in McConnell v. FEC that banning unlimited "soft money" contributions to the political parties is fully constitutional. The new decision also does not overturn the McConnell ruling that the issue ad provision of the McCain-Feingold law is constitutional. Unfortunately, the test that the Court sets out for challenges to the law by those who wish to run specific ads -- whether the ads in question are the “functional equivalent of express advocacy” and are “susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate” -- seems susceptible to easy manipulation by groups intent on spending corporate and union money to influence elections. “It remains to be seen whether this new test will prove as hollow as the old “magic words” test, which the McConnell court called “functionally meaningless.” The FEC should not allow today’s decision to open the door for a return to the pre-McCain-Feingold days of phony issue ads and unlimited corporate and union spending on campaigns. If that is the result, the Court will have done the country a great disservice.”

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