McConnell v. FEC

McConnell v. Federal Election Commission
Argued September 8, 2003
Decided December 10, 2003
Full case nameAddison Mitchell McConnell v. Federal Election Commission
Citations540 U.S. 93 (more)
124 S. Ct. 619; 157 L. Ed. 2d 491; 2003 U.S. LEXIS 9195; 72 U.S.L.W. 4015; 17 Fla. L. Weekly Fed. S 13
ArgumentOral argument
Case history
PriorMixed ruling by the United States District Court for the District of Columbia
Holding
Not all political speech is protected by the First Amendment from government infringement. United States District Court for the District of Columbia affirmed in part, reversed in part.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityStevens, O'Connor (Titles I and II), joined by Souter, Ginsburg, Breyer
MajorityRehnquist (Titles III and IV), joined by O'Connor, Scalia, Kennedy, Souter; Stevens, Ginsburg, Breyer (in part); Thomas (in part)
MajorityBreyer (Title V), joined by Stevens, O'Connor, Souter, Ginsburg
Concur/dissentScalia
Concur/dissentThomas, joined by Scalia (Parts I, II–A, and II–B)
Concur/dissentKennedy, joined by Rehnquist; Scalia (in part); Thomas (in part)
DissentRehnquist, joined by Scalia, Kennedy
DissentStevens, joined by Ginsburg, Breyer
Laws applied
U.S. Const. amend. I, Bipartisan Campaign Reform Act
Overruled by
Citizens United v. FEC (2010) (in part)

McConnell v. Federal Election Commission, 540 U.S. 93 (2003), is a case in which the United States Supreme Court upheld the constitutionality of most of the Bipartisan Campaign Reform Act (BCRA), often referred to as the McCainFeingold Act.[1]

The case takes its name from Senator Mitch McConnell, Republican of Kentucky, and the Federal Election Commission, the federal agency that oversees U.S. campaign finance laws.

It was partially overruled by Citizens United v. FEC, 558 U.S. 310 (2010).[2]

  1. ^ McConnell v. FEC, 540 U.S. 93 (2003).
  2. ^ Hasen, Richard L. (January 21, 2010). "Money Grubbers: The Supreme Court kills campaign finance reform". Slate.