Three briefs have now been filed in U.S. District Court in Washington, D.C., in Unity08 v Federal Election Commission, no. 07-0053. The final brief is due May 15. This is the case that seeks to overturn the FEC’s rule that no one may give, or loan, more than $5,000 to Unity08. Federal election law lets any individual give or loan $28,500 to a group that the FEC considers to be a political party. The general understanding had been that anyone could give as much money as they wish to a party that is not recognized by the FEC, if the party has no candidate. The FEC’s rule not only negates that general understanding, it doesn’t even treat Unity08 as well as the groups that the FEC considers to be “legitimate” parties.

Most of the FEC’s defenses for its ruling are procedural. The case is likely to have a decision in June 2007. If there was ever a situation to prove that federal campaign finance laws are designed to preserve the status quo, it is this situation. When Ross Perot formed the Reform Party in 1995, he was permitted to spend millions of his own money to get ballot status for the party.