Omnibus lawsuit across ideological spectrum -- defending constitutional rights

March 27, 2002

ATLANTA/WASHINGTON, DC: The Southeastern Legal Foundation today announced that its legal team, including former Independent Counsel Kenneth Starr, and its list of six plaintiff parties, is preparing to join a lawsuit filed today by U.S. Sen. Mitch McConnell (R-KY) in the District of Columbia federal district court. The lawsuit, McConnell v. Federal Elections Commission, Federal Communications Commission, challenges the constitutionality of multiple provisions of the Shays-Meehan so-called campaign finance "reform" bill signed into law this morning by President George W. Bush.

"As a part of the legal team that helped draft Senator McConnell's lawsuit, Southeastern Legal Foundation applauds today's filing as an important first step in defense of the U.S. Constitution," said Phil Kent, SLF President. "Working with Senator McConnell, our legal team -- including Ken Starr and SLF General Counsel Valle Simms Dutcher -- and top constitutional attorneys and election law specialists, we believe that today's lawsuit will result in a landmark U.S. Supreme Court ruling akin to the 1976 Buckley v. Valeo. The ultimate court decision in this case will redefine American political life in favor of freedom."

"Today's filing is a first step in what is becoming an evolving omnibus constitutional attack spearheaded by Senator McConnell," said Judge Starr, a former U.S. Solicitor-General. "As co-counsel representing both Senator McConnell and Southeastern Legal Foundation's six plaintiffs, we anticipate joining this effort with discrete First Amendment claims affecting our groups."

SLF represents five (5) plaintiffs, including the Foundation itself, for purposes of the developing lawsuit. The plaintiffs include U.S. Rep. Bob Barr (R-GA); The National Right To Work Committee; ProEnglish; The Center for Individual Freedom; and, The 60 Plus Association.

Kent points out that congressional attorneys reviewing Shays-Meehan expressed grave concerns about the constitutionality of several provisions of the law, which include bans on issue advocacy advertising 60 days from a general election and 30 days from a primary. "Those who seek greater regulation seem to view the First Amendment, not as a protection to citizens from government regulation of political speech, but rather as a "loophole" to be closed . . .." Adverse Report Together With Minority Views, Bipartisan Campaign Reform Act of 2001, July 10, 2001.

McConnell's lawsuit raises a host of critical constitutional questions regarding Shays-Meehan, pointedly referring to the new law as a vehicle "creating a new crime of incitement to political action."

SLF will announce its formal involvement in the McConnell lawsuit in the coming days. "Senator McConnell's lawsuit, and the broad coalition of organizations and top attorneys behind it, is the legitimate and best-situated effort to challenge this offensive and outrageous new law," said Kent.

For More Information Contact:
Media Relations
media@southeasternlegal.org
(404) 365-8500