It is becoming apparent that conservative activist judges on the Supreme Court are being set on Wed. to overturn McCain-Feingold for Campaign restrictions. Just imagine the possibilities, Politico does: Supreme Court and McCain Feingold
I cannot possibly think of a worse decision made by the Conservative activist judges on the Supreme Court. This seriously angers me to an unbelievable amount. The worst part about it? How can this be rectified if overturned? I don't honestly know.
Imagine power companies spending millions of dollars on ads in the run-up to the 2010 midterm elections accusing congressmen who supported climate change legislation of trying to increase electric rates and urging votes against them, or unions buying airtime to support primary challenges to conservative Democratic senators who opposed the labor-backed Employee Free Choice Act. Or even healthcare companies saturating the airwaves with messages urging voters to deny President Obama a second term.
If Sotomayor, Ginsburg, Breyer and Stevens are unable to convince Kennedy (the swing vote) on this issue, I can see that scenario above coming to pass quite easily. This would change our democracy as we know it. People would have less power than what we have now, and what angers me the most, is the fact that the ACLU is actually fighting for overturning McCain-Feingold.
However, that said, it may look like we're doomed regardless. It appears that Kennedy has been on the record to be against McCain-Feingold. Per WAPO:
"Three current justices -- Antonin Scalia, Anthony M. Kennedy and Clarence Thomas -- have said Austin should be overturned, and all three said in McConnell v. FEC that McCain-Feingold violates the Constitution's guarantee of free speech."
WashingtonPost
This thread is open for suggestions and thoughts as we approach perhaps one of the darkest days for our democracy and election history.