prevented the ads from airing during the two-month period preceding the election.
Similarly, the Citizens United case invalidated the odious provision of McCain-Feingold
that banned any organization from publishing an ad discussing a candidate within 30 days of an election.
FEC, which struck down portions of the 2001 McCain-Feingold
campaign finance reform law.
And the 1996 Democratic fundraising abuses paved the way for the passage of the Bipartisan Campaign Reform Act of 2002, better known as McCain-Feingold
This is the best shot in the arm on the issue that we have had in a long time," says former Senator Russ Feingold, coauthor of the McCain-Feingold
campaign finance legislation.
Yet by 2008, after six years of evidence that McCain-Feingold
did not reduce money in politics, McCain was no longer talking about it.
The Supreme Court had knocked back a provision of the McCain-Feingold
Act that prohibited all corporations and unions from broadcasting electioneering communications.
It decided not only that McCain-Feingold
was unconstitutional as applied to "Hillary," but it also did away with the law's prohibition on corporate electioneering, not to mention two previous decisions upholding it.
Act of 2002 was an attempt to seal the cracks.
With Justice Sandra Day O'Connor in the majority, the court upheld the McCain-Feingold
Act against a free-speech challenge by a 5-4 vote in 2003.
In response to the demand for reform, the best our Congress could come up with was McCain-Feingold
McCain could heal some of the wounds merely by acknowledging the obvious, which is that McCain-Feingold
has had unintended consequences, such as making money in politics less accountable.