UNITED STATE DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

____________________________________

 ) 

EMILY’s LIST, ) 

 ) 

 Plaintiff, ) 

 ) 

 ) 

v. ) Civil No. 05-00049 (CKK) 

 ) 

 ) 

FEDERAL ELECTION COMMISSION, ) 

 ) 

 Defendant. ) 

____________________________________) 

UNOPPOSED MOTION OF 

SENATOR JOHN McCAIN, SENATOR RUSSELL FEINGOLD, 

REPRESENTATIVE CHRISTOPHER SHAYS, 

DEMOCRACY 21 AND THE CAMPAIGN LEGAL CENTER, 

FOR LEAVE TO FILE MEMORANDUM AS AMICI CURIAE

 Movants Senator John McCain, Senator Russell Feingold, Representative Christopher 

Shays, Democracy 21 and the Campaign Legal Center respectfully move for leave to file as 

amici curiae the attached Memorandum in Opposition to Plaintiff’s Motion for Summary 

Judgment. 

 In support of this motion, amici movants state: 

 1. This case seeks to have the Court enjoin certain regulations that were promulgated in 

2004 by the Federal Election Commission in order to respond to soft money abuses that took 

place in the 2004 election, where such abuses served to undermine the effectiveness of the 

Bipartisan Campaign Reform Act of 2002 (BCRA), Pub.L. No. 107-155, 116 Stat. 81. 

 2. All amici movants participated in the rulemaking that led to the promulgation of the 

challenged rules, and strongly supported the adoption of the challenged rules. All amici movants 

Case 1:05-cv-00049-CKK Document 33 Filed 10/09/2007 Page 1 of 4
70791.1 

2 

thus have a significant interest in this action, and can materially contribute to the Court’s 

consideration of plaintiff’s claim. 

3. Senator John McCain, Senator Russell Feingold and Representative Christopher Shays 

are all Members of Congress and are three of the four principal sponsors of the Bipartisan 

Campaign Reform Act.1

 They participated as intervening defendants in McConnell v. FEC, 540 

U.S. 93 (2003),2 and have remained active in other proceedings before the Federal Election 

Commission involving the interpretation and implementation of BCRA and the federal campaign 

finance laws generally, including the rulemaking on political committee allocation that is at issue 

in this case.3

Further, as candidates and officeholders, they have an interest in the effectiveness of the 

Commission’s rules in ensuring that the practice of allocating spending by political committees 

between their federal and non-federal accounts is not used as a means of allowing soft money to 

flow into federal elections, thereby undermining the purposes of the Federal Election Campaign 

Act, as amended by BCRA, to deter corruption and the appearance of corruption. 

4. Democracy 21 is a non-profit, non-partisan policy organization that works to eliminate 

the undue influence of big money in American politics and to ensure the integrity and fairness of 

our democracy. It supports campaign finance and other political reforms, and conducts public 

 

1

 The fourth principal sponsor, Rep. Martin Meehan, resigned from Congress in July, 2007. 

2

 See Order of May 3, 2002 in Civ. No. 02-582 (D.D.C.) (three-judge court) (Order granting 

intervention). 

3

 See Comments of Senator John McCain, Senator Russell Feingold, Representative Christopher 

Shays and Representative Martin Meehan re Notice 2004-6 (April 9, 2004), which can be found in the 

record of this rulemaking on the Commission’s website at: http://www.fec.gov/pdf/nprm/political_ 

comm_status/comm2/02.pdf; see also Shays and Meehan v. FEC, 337 F. Supp. 2d 28 (D.D.C. 2004) 

aff’d 414 F.3d 76 (D.C. Cir. 2005) (Shays I) (challenging various regulations promulgated under BCRA); 

Shays and Meehan v. FEC, 424 F. Supp. 2d 100 (D.D.C. 2007) (challenging failure to issue rules on 

section 527 groups) (Shays II); Shays and Meehan v. FEC, 2007 WL 2618869 (D.D.C. Sept. 12, 2007) 

(challenging various regulations promulgated under BCRA) (Shays III). 

Case 1:05-cv-00049-CKK Document 33 Filed 10/09/2007 Page 2 of 4
70791.1 

3 

education efforts to accomplish these goals, participates in litigation involving the 

constitutionality and interpretation of campaign finance laws and engages in efforts to help 

ensure that campaign finance laws are effectively and properly enforced and implemented. 

Democracy 21 filed comments and other correspondence in the rulemaking that is the subject of 

this action, and testified in the rulemaking.4

 

5. The Campaign Legal Center is a non-profit, non-partisan organization created to 

represent the public perspective in administrative and legal proceedings interpreting and 

enforcing the campaign and media laws. It participates in rulemaking and advisory opinion 

proceedings at the Federal Election Commission to ensure that the agency is properly enforcing 

federal election laws, and files complaints with the Commission requesting that enforcement 

actions be taken against individuals or organizations which violate the law. The Campaign Legal 

Center filed comments and other correspondence in the rulemaking that is the subject of this 

action, and testified in the rulemaking. See n.4. 

6. At an earlier stage of this case, the Court granted a motion by all of the same amici, 

plus two others, for leave to file a memorandum in opposition to plaintiff’s motion for a 

preliminary injunction. See Minute Order of April 4, 2005. Amici movants submit that the 

attached Memorandum in Opposition to Plaintiff’s Motion for Summary Judgment will assist the 

court in considering the issues presented by plaintiff’s motion. 

 

4

 See “Comments on Notice 2004-6: Political Committee Status,” by Democracy 21, the Campaign 

Legal Center and the Center for Responsive Politics (April 5, 2004), which can be found at: 

http://www.fec.gov/pdf/nprm/political_comm_status/simon_potter_nobel_sanford.pdf; see also Letter of 

February 25, 2004 to FEC Commissioners from Democracy 21, the Campaign Legal Center and the 

Center for Responsive Politics, which can be found at: 

http://www.fec.gov/pdf/nprm/political_comm_status/exparte_commissioners.pdf. 

Case 1:05-cv-00049-CKK Document 33 Filed 10/09/2007 Page 3 of 4
70791.1 

4 

7. Pursuant to LCvR 7(m), counsel for amici movants consulted with counsel for the 

parties on this motion. Counsel for defendant Federal Election Commission and counsel for 

plaintiff EMILY’s List both consent to the filing of the attached Memorandum. 

Wherefore, movants respectfully request that the Court grant leave to file the attached 

Memorandum of Amici Curiae In Opposition to Plaintiff’s Motion for Summary Judgment. 

 Respectfully submitted, 

J. Gerald Hebert (Bar No. 447676) 

Paul S. Ryan (Bar No. 502514) 

CAMPAIGN LEGAL CENTER

1640 Rhode Island Avenue, N.W. 

Suite 650 

Washington, D.C. 20036 

(202) 736-2200 

Counsel for the Campaign Legal 

 Center and individual amici

/s/ Donald J. Simon 

___________________________ 

Donald J. Simon (Bar No. 256388) 

SONOSKY, CHAMBERS, SACHSE

 ENDRESON & PERRY, LLP

1425 K Street, N.W. 

Suite 600 

Washington, D.C. 20005 

(202) 682-0240 

Counsel for Democracy 21

October 9, 2007 

Fred Wertheimer (Bar No. 154211) 

DEMOCRACY 21 

1875 I Street, N.W. 

Suite 500 

Washington, D.C. 20005 

(202) 429-2008 

Counsel for Democracy 21 

 and individual amici

Case 1:05-cv-00049-CKK Document 33 Filed 10/09/2007 Page 4 of 4