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Election spending to exceed $6B thanks to Indiana lawyer

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Indiana attorney James Bopp Jr. has spent 30 years fighting limits on campaign spending, and next year’s political landscape could be transformed by his labor: An election season in which at least $6 billion is likely to be spent, more than $700 million higher than 2008.

“The presumption is the gloves will be off in 2012,” said Sheila Krumholz, a campaign finance analyst who developed the spending estimate for next year’s presidential and congressional races independently of her Center for Responsive Politics. “It’s safe to say that groups on the left and right have Jim Bopp to thank for their new-found freedom.”

Of 31 lawsuits challenging campaign finance regulations tracked by the Washington-based Campaign Legal Center, Bopp filed 21, including a case that led to creation of independent groups that raise unlimited sums of money to run political ads.

During an interview at his Terre Haute office, the white-haired, 63-year-old lawyer was unapologetic about his defense of free speech. The founding fathers “didn’t trust the government to write the laws because the government would write the laws to protect itself from the citizens criticizing it,” said Bopp, seated behind a 2-foot-high stack of successful case files yet to be stored in office cabinets.

Bopp in 2007 introduced the Citizens United v. Federal Election Commission case, which three years later resulted in the repeal of restrictions on the roles of corporations and labor unions in political campaigns, then leading to an explosion of spending by independent, outside groups.

The Center for Responsive Politics, the Washington, D.C.-based group led by Krumholz that tracks political money, said spending by independent groups for the 2010 midterms was $305 million, compared with $69 million in 2006. She estimates that figure will reach $450 million in the 2012 presidential cycle.

Scott Thomas, a former Democratic FEC chairman now with Dickstein Shapiro LLP in Washington, said Bopp’s cases have almost gutted the 2002 campaign finance act intended to rein in outside groups and the influence of wealthy donors.

“We should now call the statute, ‘The Federal Election Campaign Act paid for and authorized by Jim Bopp,’” Thomas said in an interview.

An Indiana native, Bopp’s tenacity in attacking campaign finance laws is matched by his loyalty to his home state.

He earned his bachelor’s degree from Indiana University. After getting his law degree from the University of Florida, he returned home and has never considered relocating, even when a Chicago firm offered him a job. A photo of the Hoosiers’ game- winning shot against Syracuse University to win the 1987 NCAA basketball title adorns his wall alongside an autographed photograph with former President George W. Bush.

Clad in a green polo shirt and sipping coffee from an American flag-emblazoned mug, the father of three daughters said “we thought it was a more culturally conservative area to raise our children, and we weren’t forced to move because clients were willing to come to me in Terre Haute even though they were in D.C. or other places.”

To help pay his legal fees, Bopp set up the James Madison Center for Free Speech in 1997 with the help of Senate Republican Leader Mitch McConnell of Kentucky.

The center, also based in Terre Haute, reported donations of $579,935 from 2008 to 2010, of which $578,091 went to Bopp for legal fees, according to Internal Revenue Service filings. Donors have included an arm of the Susan B. Anthony List, a Washington-based anti-abortion organization, and the American Justice Partnership, created by the National Association of Manufacturers to lobby for state limits on civil lawsuits.

Board members include David Norcross, former Republican National Committee general counsel; Wanda Franz, former president of the National Right to Life Committee; and Betsy DeVos, who raised at least $100,000 for Bush’s 2004 re-election and, with her husband, donated $2 million to outside groups that ran ads attacking Democratic nominee John Kerry.

Bopp’s rise as a leading opponent of campaign finance laws was a two-step process. In 1976, the then-28-year-old attorney was offered a job at the Indiana Right to Life Committee. Two years later, he was hired as general counsel for the National Right to Life Committee. From that position, he helped the anti- abortion community incrementally challenge abortion rights -- a tactic he adapted to the field of campaign finance law.
First Case

His first challenge of campaign regulations was a case in 1983 that overturned FEC limits on voter guides, including fliers the National Right to Life Committee distributed in churches before the 1980 presidential election.

Since then, his advocacy has repealed state laws that provide additional funds to candidates whose opponents spend more, tossed out state restrictions on judicial elections and overturned limits on interest group advertising in the weeks running up to an election.

His cases laid the groundwork for creation of so-called “Super PACs,” political committees that take unlimited donations and operate independently of candidates and which were fueled last year by new labor and corporate cash.

“It’s so complicated to win big victories that you have to go after these cases piecemeal,” said David Bossie, president of Citizens United, the Washington-based advocacy group that hired Bopp to bring the case that bears its name.

The victory was somewhat bittersweet. When the case reached the Supreme Court, Citizens United hired former U.S. Solicitor General Theodore Olson to argue the case rather than Bopp. While “disappointed” by that decision, Bopp said, he thought “we certainly accomplished a lot in the case.”

Bossie, who made the switch, said he did so after learning of Olson’s record of winning more than 75 percent of his cases before the Supreme Court.

In a recent case, Bopp argued against laws banning corporate donations to candidates before the U.S. Court of Appeals for the Eighth Circuit. A federal judge in Virginia in May threw out a federal ban in a separate case now on appeal in the Fourth Circuit. Bopp also challenges requirements that interest groups running political ads disclose donors and expenditures.

“He’s been financed by people who don’t like these rules,” said Trevor Potter, a Republican former FEC chairman who is president of the Campaign Legal Center, which supports campaign finance limits. “There are plenty of people who evidently would like money in politics to be secret.”

Bopp said his mission isn’t about money; it’s about free speech and inclusion in the political process. “We have the First Amendment,” he said. “The whole idea of that was to ensure robust participation by citizens in our democracy.”

Bopp’s successful advocacy has led others to join the mission, said Bradley Smith, another Republican former FEC chairman who founded the Alexandria, Va.-based Center for Competitive Politics to dismantle campaign regulations.

“Jim had been a lonely guy out there, litigating and litigating,” Smith said. “People started putting money into it. I don’t think Jim is as lonely as he used to be."

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  • The means justify the ends
    GOP is all about the BEST Government MONEY can buy. Too bad they never believed in Government of the People, by the People and for the People.
    Today they believe government of Corporate wealth, by the corporations and for the corporations. And they will make sure that their way shall Never Perish from this Earth.
  • Irony
    The irony is in his attempt to protect "Free Speach," he's made sure that every politician from now on will be bought and paid for. Nothing in life is free...especially now.
  • Press forth
    Thanks to my $3,000 contribution, Pres. Obama made me Vice Ambassador to Angola. Sweet. And for a slightly larger donation, my corporate employer was deeded Florida's panhandle. As a wealth-increasing measure, the fat cat CEO enclosed Pensacola with razor wire and relocated an entire branch of our middle class masses there. That should keep them down.

    And in spite of all the truthful information that I can find online about candidates, I pretty much just allow myself to be manipulated by whichever candidate uses all that evil money on scary black and white TV commercials.

    Press forth, Mr. Bopp!
  • Insanity
    This is completely ridiculous and re-inforces the fact that those who have the right amount of money can buy whatever they want, including elections. I cannot believe that hard working, middle-class Americans continue to allow those few at the top of the tax bracket to control OUR country and continue to increase their wealth while holding the masses down. It seems that it doesn't matter anymore who gets elected - no matter what, big business will decide what they will accomplish, or what they will not achieve. What a sad time for our country and it's greedy political system. I just pray that the pendulum will start to swind the other way soon.
  • ditto
    I find this article as discussing as does Bill. It certainly supports the idea that money should rule our politics. Knowing that Indianapolis is ultra conservative, why don't we re-name Georgia Street James Bopp Jr. Way.
  • Thanks for nothing
    This article belongs in a section devoted to crime. It's hard to imagine anything more cynical than Mr. Bopp's quotes that allowing unlimited secret money that is used to minipulate elections somehow advances freedom of speech. The remark that it facilitates greater inclusion and "robust participation by citizens" is a farse. Here's a great idea for a feature article, IBJ. Give us an up close & personal view of the attorney who successfully argued Dred Scott.

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  1. With Pence running the ship good luck with a new government building on the site. He does everything on the cheap except unnecessary roads line a new beltway( like we need that). Things like state of the art office buildings and light rail will never be seen as an asset to these types. They don't get that these are the things that help a city prosper.

  2. Does the $100,000,000,000 include salaries for members of Congress?

  3. "But that doesn't change how the piece plays to most of the people who will see it." If it stands out so little during the day as you seem to suggest maybe most of the people who actually see it will be those present when it is dark enough to experience its full effects.

  4. That's the mentality of most retail marketers. In this case Leo was asked to build the brand. HHG then had a bad sales quarter and rather than stay the course, now want to go back to the schlock that Zimmerman provides (at a considerable cut in price.) And while HHG salesmen are, by far, the pushiest salesmen I have ever experienced, I believe they are NOT paid on commission. But that doesn't mean they aren't trained to be aggressive.

  5. The reason HHG's sales team hits you from the moment you walk through the door is the same reason car salesmen do the same thing: Commission. HHG's folks are paid by commission they and need to hit sales targets or get cut, while BB does not. The sales figures are aggressive, so turnover rate is high. Electronics are the largest commission earners along with non-needed warranties, service plans etc, known in the industry as 'cheese'. The wholesale base price is listed on the cryptic price tag in the string of numbers near the bar code. Know how to decipher it and you get things at cost, with little to no commission to the sales persons. Whether or not this is fair, is more of a moral question than a financial one.

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