http://nytimes.com/2003/09/15/opinion/15MON44.htmlBuying a High-Priced Upgrade on the Political Back-Scratching Circuit
By ADAM COHEN
The letter from the Republican Party to Bristol-Myers Squibb is as subtle as a sledgehammer. The Republicans expect a $250,000 contribution. The payoff? Jim Nicholson, then the Republican National Committee chairman, encloses the Republican health care package and asks for suggested changes. "We must keep the lines of communications open," he tells the drug giant ominously, "if we want to continue passing legislation that will benefit your industry."
The Bristol-Myers shakedown is part of the record in McConnell v. Federal Election Commission, the challenge to the McCain-Feingold campaign finance law now before the Supreme Court. It is one of a stack of documents detailing just how corporate executives and billionaires convert six-figure contributions into meetings with members of Congress, and a role in writing legislation. It is, by now, no great surprise that this goes on. But these documents still shock, by how blatant the deals are, and how willing the participants are to write it all down.
Much of the record in the case remains secret — the parties agreed to this to expedite a Supreme Court ruling — but under pressure from McCain-Feingold's defenders, parts have been made public. Every American should read what are known as the "Internal Political Party Documents" (they can be found at www.campaignlegalcenter.org, under the header BCRA/McCain—Feingold) and be prepared to be outraged if the court strikes down McCain-Feingold's modest attempts to fix our broken democracy.
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If McCain-Feingold loses in the Supreme Court, it could be an epic defeat for efforts to clean up American government. When advocates of reform lost in Congress, they returned in the next session, and eventually they prevailed. But if the justices hold that the basic building blocks of campaign finance legislation violate the Constitution, as they might, it could wipe out any hope for reform for decades. If the same five justices who stopped the Florida count rule that even minimal, bipartisan campaign finance reform is unconstitutional, they will be writing their legacy — as the court that allowed American democracy to slip away.