My role at this symposium is to provide a brief overview of the three-judge court's decision in McConnell v. FEC, review the opinions, piece together what the court actually decided, and see how the Bipartisan Campaign Reform Act of 2002 ("BCRA") now stands. I will try to do that briefly, while giving a few general comments about what the court's opinions tell us about the state of campaign finance law today. As a preliminary matter, the three-judge court's opinions provide us with two radically different world views – almost two different intellectual universes – for thinking about campaign finance law.
What Did They Do and What Does It Mean? The Three-Judge Court's Decision in McConnell v. FEC and the Implications for the Supreme Court,
U. Pa. J. Const. L.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1034