Ben Ginsberg of Patton Boggs discusses EMILY’s List and the past, present, and future of 527 organizations in Politico today.
Ironically, the EMILY’s List decision, no matter what Citizens United holds, sends the clear message to conservative donors that it is again safe to re-enter the public debate. It’s too late for McCain’s campaign and 2006 Republican candidates — but not for the future.
Wiley Rein’s Caleb Burns and Andrew Woodson also analyze the issue in the firm’s January 2010 newsletter.
The FEC’s Notice of Proposed Rulemaking [on EMILY’s List] is, for the most part, a ministerial prerequisite to permanently removing these regulatory provisions from the Code of Federal Regulations. Accordingly, the proceedings themselves will not likely result in any significant developments. Rather, the removal of the regulations, coupled with recent FEC decisions not to take action in enforcement proceedings against various 527 organizations, could provide the legal foundation for a reemergence of 527 organizations in the 2010 election cycle.