Friday, September 29, 2006

Maine Grassroots Communication Case Tossed Out as Moot

Allison Hayward reports:
A three-judge panel of the DC District court dismissed the Maine grassroots lobbying case as moot. Christian Civic League of Maine v. FEC, No. 006-614, 9/27/06. It should be available here, eventually.
Presently it seems to be the case that a group (not a PAC) intending to run an advertisement naming a federal candidate within the electioneering period, cannot obtain an injunction because of their inability to show a likelihood of success on the merits, cannot obtain a ruling in an as-applied challenge in the ordinary course because the time for running the ad will have come and gone, and cannot rely on any regulatory exceptions the FEC might author, because the FEC punted that opportunity.
The counsel for the Christian Civic League reportedly made the argument that these cases are capable of repitition, but evading review because of the short time frames involved. Yet the argument was rejected. I don't know if they would work with another Judge or not, but, as Allison notes, the only course of action for groups like the CCL is to run their ad and deal with the consequences later.

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