IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SENATOR MITCH McCONNELL,
FEDERAL ELECTION COMMISSION,
Civil Action No.
02-0582 (CKK, KLH, RJL)
) CONSOLIDATED ACTIONS
PLAINTIFF AMERICAN CIVIL LIBERTIES UNION MOTION FOR STAY
PURSUANT TO RULE 62 (C)
Upon the attached affidavit of Anthony Romero, Executive Director of the
American Civil Liberties Union, and incorporating by reference the relevant points in the
Memorandum of Points and Authorities filed on May 7, 2003 by the National Rifle
Association, the American Civil Liberties Union hereby moves for a stay pursuant to
FRCP 62(C), pending appeal to the Supreme Court of the United States of this Court’s
May 2, 2003 Judgment with respect to the constitutionality of the definitions of
“electioneering communications” contained in Title II of the Bipartisan Campaign
Reform Act (“BCRA”) Pub. L. No. 107-155.
The reasons for this motion, more fully set out in the Affidavit of Anthony
Romero, are as follows:
First, if not stayed pending appeal, this Court’s decision of May 2nd will cause
irreparable injury to the American Civil Liberties Union in the immediate and near future.
The net effect of this Court’s decision - in upholding the so-called “fallback definition of
“electioneering communication” while striking the limiting clause (“suggestive of no
plausible meaning other than an exhortation to vote...”) is that any broadcast
communication paid for by the ACLU which can be deemed one that “promotes” or
“supports” or “attacks” or “opposes” a candidate for Federal office (regardless of whether
the communication expressly advocates a vote for or against that candidate) is subject to
the full brunt of the Federal Election Campaign Act.
According to published reports, the Bush Administration is prepari