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

The majority employs a plain facial analysis of the text in WRTL’s 2004 advertisements — ignoring the context in which the text was developed — to assess whether the ads are genuine issue ads which should escape BCRA’s reach, or are regulable electioneering communications. This approach is inconsistent with McConnell, is inconsistent with this panel’s own prior rulings, and finds little support in logic. Because a contextual analysis is warranted and discloses deep factual rifts between the parties concerning the purpose and intended effects of the ads, neither side is entitled to judgment as…