Opinion
Civ. No. 04-1260 (DBS, RWR, RJL).
May 9, 2005
THREE-JUDGE COURT
MEMORANDUM OPINION AND ORDER
In the present action, plaintiff Wisconsin Right To Life, Inc. ("WRTL") seeks a judgment declaring portions of the Federal Election Campaign Act, as amended by the Bipartisan Campaign Reform Act of 2002 ("BCRA"), unconstitutional as applied to it under the facts set forth in its complaint. WRTL also sought preliminary injunctive relief preventing the defendant, Federal Election Commission ("FEC"), from enforcing the contested portions of BCRA against it.
On August 17, 2004, the Court denied WRTL's motion for preliminary injunctive relief. In denying WRTL's motion, the Court held that "the reasoning of [the Supreme Court in McConnell v. Federal Election Commission, 124 S. Ct. 619 (2003)] leaves no room for the kind of `as-applied' challenge" to BCRA asserted by WRTL, even though the McConnell Court "was considering a facial challenge. . . ." Mem. Op. at 4. After denying WRTL's motion, the Court ordered the parties to submit supplemental memoranda addressing the issue of whether the case should be dismissed in light of the Court's ruling. The issue now ripe for review, and after due consideration of the parties' supplemental memoranda and the entire record herein, the Court for the reasons set forth in its prior opinion holds that WRTL's "as-applied" challenge to BCRA is foreclosed by the Supreme Court's decision in McConnell. Accordingly, WRTL's case is dismissed with prejudice.