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RNC Lawsuits Challenge Constitutionality of McCain-Feingold

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November 13, 2008 2:18 PM

ABC News' Tahman Bradley and Arnab Datta Report: Less than two weeks after John McCain failed to keep the White House in Republican hands, the Republican National Committee filed lawsuits challenging the constitutionality of the Bipartisan Campaign Reform Act of 2002.

Sen. McCain, R-Ariz., angered conservatives six years ago when he fought for the BCRA -- and ironically some of the very restrictions McCain helped put in place limited what the RNC was able to do on McCain's behalf during his White House run.

The move by Republicans, which comes just nine days after the election, indicates a concern among the GOP about party fundraising and its ability to influence state and local politics. One lawsuit, which the party says it filed today in the District of Columbia, seeks to overturn the ban on unregulated contributions or "soft money". The other lawsuit, filed today in Louisiana, seeks to eliminate restrictions on coordinated spending between candidates and the political parties' committees.

On a Thursday conference call with reporters, RNC Chairman Mike Duncan expressed concern that campaign finance law prohibits the GOP from raising money for Republican candidates running for statewide office in Virginia and New Jersey in 2009. He also noted that the RNC is unable to raise money for the state parties that would go to those Republican candidates.

"I believe this is an infringement on my constitutional rights and infringement on the rights of our party," Duncan said.

Duncan also took issue with the fact the RNC is limited to spending $84,000 in a coordinated fashion with candidates in state races. The RNC has setup independent expenditure units in many races across the country to try to help Republicans in local elections, but even that backdoor move has proven difficult, Duncan said.

"Money is put into (independent expenditures), but we have no control, and there are times when the message from the independent expenditure unit may be at odds with what the candidate wants to express at the time."

Republicans have long criticized the federal law, which is also known as "McCain-Feingold," saying it infringes on an individual's First Amendment rights by restricting the content and amount of political advertising.

November 13, 2008 | Permalink | User Comments (13)

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Just one more example of the shambles that is the GOP right now.

Posted by: William J. LePetomaine | Nov 13, 2008 2:46:10 PM

Poor Gop what a mess that party is could take 16 years before they Recover I kinda feel sorry for them NOT!

Posted by: Angie | Nov 13, 2008 2:52:46 PM

So much for maverickiness.

Posted by: Blindhowlin | Nov 13, 2008 2:57:24 PM

I saw too much about the RNC and Palin (news) recently. Let that woman knows a lot of women can't stand her. I hope the media stop showing her face out on the internet for good. Palin can run to president, but GOOD LUCK.

Posted by: Lynn Hennessy | Nov 13, 2008 3:05:27 PM

These laws apply to everyone not just Republicans. We haven’t saw enough corruption so lets bring some back, pretty sad!

Posted by: rickyt1234 | Nov 13, 2008 3:10:44 PM

John has done so much to destroy the party, he should just move in with his drinking buddy Kennedy and put that D next to his name for good!

Posted by: hmn | Nov 13, 2008 3:13:12 PM

I just love this....So let me get this straight....limiting the amount of soft money the RNC can use to influence local elections is "infringement of constitutional rights". What a joke! The RNC is only doing this because of their own failure to connect to voters,and win the election.

Posted by: seansatx | Nov 13, 2008 3:26:48 PM

Lets just hope tha the RNC runs a Palin/McBush ticket in 2012, 2016, 2020..... with Joe the Liberman giving his endorsement.... it worked this time.

Go Obama!

Posted by: mr sleepy | Nov 13, 2008 3:51:11 PM

Pathetic!!! simply pathetic!

Posted by: jenI | Nov 13, 2008 4:30:22 PM

"hey i understand barack obama re-signed from his senate seat.effective sunday.he should have kept it open,he may need it agin in 4 yrs.this economy is going to swirl up around his ears,Just wait this picture is not going to be as rosie as he thinks.

Posted by: SC SUPERMAN | Nov 13, 2008 7:09:19 PM

I think the Republicans need to stop whining. Obama with the exact same restrictions did just fine. So how does this make the Republicans look? Like a bunch school kids, whining they can't get their way. Meanwhile the people are looking at their track record of putting crime before the people they are there to serve. Anything for a buck in their pocket.

Posted by: Lisa Bee | Nov 14, 2008 8:43:49 AM

Individual citizens donated money in record numbers to the Obama campaign. We will see if he is now beholden to them or not, but that road, now paved is going to be traveled both ways. RNC wants to re-balance the equation in favor of large corporate donors.

Posted by: sanestwoman | Nov 14, 2008 9:53:57 AM

Why did the RNC just now decide it was unconstitutional? It was past way before the election, but the person running for president. Just like I predicted it led to his downfall.

Another thing that led to his downfall was his maverickiness, which caused him not to use the internet to his advantage. Wait he didn't use the internet; is it not 2008?

If the RNC would just collect donations online there would be no problem.

Posted by: Colt | Nov 17, 2008 1:54:21 PM

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