Judge allows anti-abortion ads
By Maureen Groppe
Advertiser Washington Bureau
WASHINGTON — A federal judge ruled yesterday that Hawai'i Right to Life can run political ads in an attempt to influence two special elections for the U.S. House.
U.S. District Judge Henry Kennedy's action allows the anti-abortion group to advertise until he issues a final ruling in its lawsuit challenging the constitutionality of campaign finance laws. But lawyers for both the group and the Federal Election Commission expect the decision to become permanent.
The judge's ruling did not address the constitutionality of the campaign advertising rules, which prohibit labor, business and certain other interest groups from sponsoring ads that mention candidates 60 days before a general election.
That issue became irrelevant for purposes of yesterday's proceeding, once the judge determined that Hawai'i Right to Life meets the definition of a nonprofit, ideological group that is exempt from the new ad restrictions.
"They clearly satisfy the requirements of a (qualified) nonprofit corporation," Kennedy said.
The group intends to run radio ads beginning today that discuss the importance of appointing anti-abortion federal judges. The ads identify John Carroll, a former Republican state senator, as a "pro-life candidate" in the election Saturday to fill the remaining weeks in the term of the late U.S. Rep. Patsy Mink.
Early next year, the group intends to sponsor radio and newspaper ads with a Christian holiday theme that identify former state Rep. Bob McDermott as a "pro-life candidate" in the Jan. 4 election to replace Mink in the next Congress. Mink defeated McDermott, a Republican, posthumously in the Nov. 5 election.
Attorneys for Hawai'i Right to Life argued that the FEC's definition of a nonprofit, ideological group is too narrow. Under that definition, a group receiving contributions from business corporations or labor unions is subject to tighter restrictions. Hawai'i Right to Life said it expects to receive less than $50 in contributions for the ads, said James Bopp Jr., general counsel for the James Madison Center for Free Speech. The conservative legal group filed the complaint on behalf of Hawai'i Right to Life.
Different courts have ruled that some level of contribution is allowable. The U.S. District Court for the District of Columbia has said the National Rifle Association may receive up to $1,000 from business corporations. Other courts have exempted groups from the FEC restrictions if their contributions from businesses and labor unions do not exceed a certain percentage of their total funds.
The FEC has debated whether to change its regulations, but commissioners have not been able to agree on possible changes.
"This is an ongoing debate," said FEC attorney Stephen Hershkowitz.
Bopp said he found it "unbelievable in America that a group that has $8,000 a year has to come to federal court to get permission to mention a candidate."
