Wisconsin Right to Life, Inc. v. Federal Election Commission

Background

A political advocacy group, Wisconsin Right to Life, asked the Court to block enforcement of a federal law section that bans corporations from using their general treasury funds to pay for certain election-related ads. The group argued that the ban violated its free-speech rights as applied to its advertisements. A three-judge District Court rejected the group’s request for a preliminary injunction and for an injunction pending appeal.

Reasoning

Chief Justice Rehnquist, acting as the Circuit Justice, denied the group’s application for an injunction pending appeal. He explained that issuing an injunction against enforcement of an Act of Congress is an extraordinary step. He cited the All Writs Act as the only source for such emergency relief and noted the Court’s prior statement that that authority must be used “sparingly and only in the most critical and exigent circumstances.” He also relied on the standard that emergency relief is appropriate only when it is necessary to aid the Court’s jurisdiction and when the legal rights claimed are “indisputably clear.” The opinion also notes the Court recently upheld the law in an earlier decision, and that a unanimous three-judge District Court had already denied emergency relief.

Real world impact

Because the Chief Justice denied the emergency request, the ban on corporate financing of certain election ads under §203 remains enforceable while the legal challenge continues. The decision makes it harder for corporations and political groups to get immediate nationwide relief against enforcement of the statute. The denial reflects the high bar for emergency nationwide injunctions against a federal statute and leaves the underlying legal issues for the normal appeal process.