WASHINGTON - The legal showdown
over the funding of national political campaigns began in earnest
Wednesday in the most majestic courtroom in U.S. District Court,
with some of the most distinguished lawyers in the national sparring
over the implications and the esoteric technicalities of the new law
that shapes the nation's electoral process.
In the vast, ceremonial courtroom
of the courthouse that lies at the foot of Capitol Hill, a
three-judge panel listened as attorneys for more than 80 activist
groups, representatives of both political parties, and several
members of Congress decried the Bipartisan Campaign Reform Act of
2002 as an illegal act that "criminalizes free speech."
The judges listened as attorneys
representing another significant part of the nation - the Justice
Department, 19 states, more members of Congress and a set of
reform-minded nonprofit agencies - defended the law as the will of
Congress and salvation from a tidal wave of soft money that has
"thoroughly debilitated the people's faith in the political
system."
The challenge to the law, which
will be decided by the U.S. Supreme Court next year, is poised to be
the most important single decision in campaign financing since the
1976 Supreme Court decision Buckley vs. Valeo, which has shaped
fund-raising law for the past quarter century.
"In addition to federalism and
freedom of speech... this case is also about equality," said Kenneth
Starr, the former solicitor general and Whitewater prosecutor who
opened the day's arguments by attacking the new law's restrictions
on national political parties using "soft money." "It anoints
winners and declares losers."
He was countered by Roger Witten,
one of the attorneys representing Sens. John McCain, R-Ariz., and
Russell Feingold, D-Wis., the congressional sponsors of the law, who
said the bill was long overdue.
"This law is designed to repair a
thoroughly broken campaign finance system that has been brought to
its knees by massive cheating," Witten said, listing some of the
former party chairs and members of Congress who had submitted
written depositions about the problems caused by unlimited donations
to political parties. "They're all telling this court that
money corrupts. That unions, corporations and wealthy
individuals... pay to play."
The day's arguments before a
special panel of three federal judges represents the first legal
challenge to the McCain-Feingold bill, as it is popularly known,
since it was passed earlier this year after seven years of
congressional debate.
There will be a half-day of
hearings today.
The court was packed with more
than 225 observers for Wednesday's arguments, which presented
starkly different visions of the same law.
The defendants say the overarching
theme of the new law is to plug loopholes that corporations, unions
and political parties have exploited during the past 20 years to
evade campaign finance laws. Those donations to political
parties for use in state and national elections, often in excess of
$100,000, lead to the appearance of corruption, attorneys
said.
Richard Bader, assistant general
counsel for the Federal Elections Commission, told that court that
soft money started with a "trickle" of $18 million in 1980, but had
grown to a "river" of $458 million raised in the 2000 election
cycle.
But critics counter that the new
bill goes too far and would abridge First Amendment protections of
free speech, divorce national political parties from their state
affiliates and actually increase the influence of special interest
groups, who would not be bound by the same restrictions on campaign
spending as national political parties.
WORKING TOGETHER TO ATTAIN FAIRNESS