Wisconsin Right to Life, Inc. v. Federal Election Commission
Headline: A political group’s bid to block a ban on corporate-funded election ads is denied, keeping federal limits on corporate electioneering communications in force while the group appeals.
Holding: The Court denied an injunction pending appeal, finding the applicant failed to show the extraordinary relief was appropriate and allowing enforcement of the corporate electioneering ban during appeal.
- Keeps ban on corporate funding for electioneering communications enforceable during appeal.
- Limits political groups’ ability to run corporate-funded ads while courts review the law.
- Reinforces high bar for emergency injunctions against federal election laws.
Summary
Background
Wisconsin Right to Life, Inc., a political advocacy group, asked the Court for an injunction to stop enforcement of a provision of the Bipartisan Campaign Reform Act that bans corporations from using general treasury funds for certain election-related ads. The group argued that the provision violates the First Amendment as applied to its political advertisements. A three-judge District Court denied the group’s request for a preliminary injunction, and the group then sought an injunction from the Circuit Justice while it appeals.
Reasoning
Chief Justice Rehnquist, acting as Circuit Justice, denied the request for an injunction pending appeal. He explained that such an injunction is an extraordinary remedy. The Court recently held the law facially constitutional in McConnell v. Federal Election Commission, and the three-judge District Court had unanimously rejected the preliminary injunction. The only authority to grant the requested order is the All Writs Act, which the Court says should be used very sparingly and only in critical, urgent circumstances. The Justice noted that the Act requires the action be necessary to aid the Court’s work and that the legal rights at issue be indisputably clear, and he found the applicant had not met that high bar.
Real world impact
Because the injunction was denied, the statutory ban on corporate-funded electioneering communications remains enforceable while the case proceeds on appeal. The ruling does not resolve the constitutional question on the merits. It instead keeps current restrictions in place during further court review, leaving the ultimate constitutional outcome to the appeals process.
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