Direct appeal to U.S. Supreme Court

May 2, 2003

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation, the public interest law firm serving as co-counsel, plaintiff, and principal financial resource for omnibus constitutional lawsuit against the Bipartisan Campaign Reform Act (McCain-Feingold), McConnell, et al v. FEC, FCC, today praised elements of the special three-judge panel's decision in the case. According to Judge Kenneth Starr, of Kirkland & Ellis in Washington who serves as co-counsel with SLF, the decision can be directly appealed to the U.S. Supreme Court on an expedited basis, with a hearing before the high court likely in the October term.

"Although a mixed opinion, the panel generally reaffirmed the value of political speech, especially during election periods," said Phil Kent, SLF President. "While a number of issues remain for ultimate decision by the U.S. Supreme Court, it is clear that the three-judge panel was sensitive to the constitutional values under attack in the Act and the majority of the court today was not swayed by Sen. John McCain's populist political standards, but attempted to adhere to the Constitution."

"We are still reviewing the ramifications of the court's divided opinion on BCRA's gag on political speech by corporations, including issue advocacy organizations and charitable foundations such as Southeastern Legal Foundation and our fellow plaintiffs," said Valle Simms Dutcher, SLF General Counsel.

The special three-judge panel of the U.S. District Court for the District of Columbia, which heard oral arguments in the McConnell case in early December last year, issued a split decision upholding in part and striking in part the huge revamping of campaign finance regulation represented by the BCRA this afternoon. In-depth analysis of the decision will follow in the next few days.

FOR MEDIA: Visit www.dcd.uscourts.gov to access decision.

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