The Supreme Court looks poised to pull an about face on the McCain-Feingold campaign finance law by striking down its strictures on "issue ads"—pre-election commentary that mentions candidates by name. Sandra Day O'Connor joined a majority in upholding the ban in 2003; Alito and Roberts may provide critical mass to strike it down.
Yesterday's oral arguments in the challenge were spirited. Antonin Scalia said the law, which covers ads financed by corporations and labor unions, left the boundary between free speech and electioneering too vague. "We don’t make people guess whether their speech is going to be allowed by Big Brother or not," Scalia said.