Ending McCain Feingold

Now that John McCain doesn't have to be the face of the Republican Party anymore, the Republicans have decided to take on McCain-Feingold restrictions on campaign financing.

The Republican Party will file federal lawsuits Thursday seeking to overthrow the McCain-Feingold federal campaign finance regulations, Republican National Committee Chairman Robert M. "Mike" Duncan revealed Wednesday night at a private dinner with the nation's Republican governors.

The move is considered a slap in the face of the Republican Party's failed 2008 presidential candidate, Sen. John McCain of Arizona, who was dramatically outspent by Democrat Barack Obama, and of President Bush, who signed McCain-Feingold into law in 2002.

"We will bring two federal suits tomorrow to strengthen the Republican Party," Mr. Duncan told The Washington Times.

Mr. Duncan said one suit will be filed in the District of Columbia to strike down the soft-money ban that is the central tenet of the McCain-Feingold Act — formally known as the Bipartisan Campaign Reform Act of 2002. "Soft money" is largely unrestricted contributions from wealthy individuals, corporations and labor unions.

The second suit will be in a Louisiana federal court to strike down the limits under the law Mr. McCain co-sponsored with Sen. Russ Feingold, Wisconsin Democrat, that control coordination between parties and their candidates.

"It prohibits us from spending over $84,000 in coordination with a candidate in a congressional race," Mr. Duncan said. "That means we have to find some group to raise and spend money but without any coordination" with the candidate, his campaign or the RNC.

"That does not allow for a unified message," he said. "We don't think there is anything corrupting about coordinating with a candidate."

Well, good luck to them. Perhaps with Samuel Alito in place of Sandra Day O'Connor, they may find a Court more inclined to listen to these sorts of arguments. Though I don't know if they would be ready to throw out a law that they approved only a few years ago.

However, our experience since it was passed has demonstrated that the law did nothing to remove money from politics. Just as the 1974 Federal Election Campaign Act led to an increase in spending through PACs, the Bipartisan Campaign Reform Act, or McCain-Feingold as it is more commonly known, has only led to money being channeled away from party expenditures and into independent groups such as 527s and 501(c)s.

And the success of Obama's gambit in foregoing public money has spelled the end to any major party candidate deciding to take the money again. As was predicted at the time, money will find a way to get into politics regardless of whatever restrictions Congress tries to enact.

It's time to get rid of this monstrosity and do what conservatives pushed for from the beginning of the debate - have great transparency, but forget about restricting the spending. It won't work and it actually distorts politics by encouraging independent groups to act outside the parties.