Writing for a 5–4 majority — which included Justice Alito in whole and Justices Scalia, Thomas, and Kennedy in part — Justice Roberts said that a Wisconsin anti-abortion group should have been allowed to air ads drawing attention to Senator Feingold's opposition to some of President Bush's judicial nominees ahead of the 2004 election. He further argued that the Federal Election Commission's test for determining which ads are legitimate issue ads and which are merely campaign ads in disguise was too broad, writing that "the First Amendment requires us to err on the side of protecting political speech rather than suppressing it."...Court Rocks the 2008 Campaign, Ryan Sager, The New York Sun,, June 26, 2007
Senator McCain may express his opinion by smashing another desk. The delicious irony is that the case involved Senator Feingold. When the law is revisited, as the Supremes promised, maybe the case will involve Senator McCain. Legislating censorship to protect incumbents still loses in the Supreme Court, for which we can be thankful.