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McConnell v. Federal Election Commission: Ideology Trumps Reality, Pragmatism

Published on March 15, 2004
by Brad Smith

File Under: Jurisprudence & Litigation

Election Law Journal, Volume 3, Number 2, 2004

In this essay, [the author] tries to analyze the doctrinal strengths and weaknesses of McConnell. Instead of discussing the full contours of the opinion, [he] makes two points about the majority opinion which run counter to how it has been widely characterized. [He] hopes that calling attention to these points now will assist others in more detailed analysis. He also makes a few general predictions about the practical effects of the decision, which may also be useful as we look to see how the law works in practice.

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