Posted September 12, 2007 by J. Gerald Hebert

More "Unreasoned Decisionmaking" at the FEC

Yet again a federal court has found the FEC’s implementation of the Bipartisan Campaign Reform Act (BCRA) to be unreasonable as well as undermining to the purposes of the law.  Today’s ruling from U.S. District Judge Colleen Kollar-Kotelly in the Shays III case found that the FEC’s grossly strained interpretation of a number of BCRA provisions – including coordination standards – did not meet the basic requirement of “reasoned decisionmaking” in the Administrative Procedures Act.

There is no reason why Members of Congress should be forced to repeatedly sue the FEC in order to make the agency implement the laws passed by Congress.  Time and again the Commission has abused its powers by taking actions that gut the law rather than enforce it effectively as written.  The agency’s continuing actions are a blight on our democratic process.  Fortunately the courts have repeatedly stepped in to protect the process.  Unfortunately the legal proceedings take considerable time, expense, and effort and should be unnecessary. 

This is not just a case of incompetence but rather the inherent problem with the structure of the Commission itself – that the commissioners are selected by their parties for their political fealty above all else.   The current structure of the Commission must be replaced by one that makes paramount the interests of the nation and its citizens.   

The Campaign  Legal  Center serves as counsel to Senators John McCain and Russell Feingold, who are participating in the case as amici curiae.

To read the opinion click here.