Supreme Court Clarifies Part Of McCain-Feingold

As expected, a 5 to 4 majority of the Court this morning clarified a flashy, if less-than-critical part of the McCain-Feingold campaign finance legislation this morning. The Court ruled that Wisconsin Right To Life was within its first amendment rights to broadcast a television ad that mentioned Sen. Russ Feingold by name, even though Feingold was up for re-election that year and the ad was broadcast within 60 days of the general election.

James Bopp, Jr., the plaintiff's attorney, said

"Today the U.S. Supreme Court created a safe harbor for grassroots lobbying from the blackout period created by the "electioneering communication" prohibition in McCain-Feingold."

The Court did NOT overturn the electioneering communications provisions in toto, although three of the eight justices wanted the Court to do so. But it did create a safe harbor provision for "genuine" issue ads. The blackout provisions -- the 30/60 day bans on corporate treasury-funded ads -- only apply if the ad allows no "reasonable interpretation other than as an appeal to vote for or against a specific candidate." That's a pretty broad harbor, in my opinion.

Romney gloats; McCain winces; Republicans exult; Fred Thompson.... ???

More later.