FIVE years ago, the hottest confirmation fight in Washington wasn’t over a judicial nominee, or an ambassador, or a cabinet choice. It was, instead, over a relatively unexalted position on the Federal Election Commission, and it involved a law professor named Bradley Smith, who would soon become, after Sen. Mitch McConnell, the man most hated by what is sometimes known as the campaign-finance-reform community.
Smith earned the reformers’ antipathy by arguing, forcefully and persuasively, that the McCain-Feingold campaign-finance-reform bill was hopelessly misguided. In fact, Smith believed that most campaign-finance-reform laws, going back to the landmark Federal Election Campaign Act of 1974, were hopelessly misguided. “When a law is in need of continual revision to close a series of ever-changing ‘loopholes,'” Smith wrote in the Wall Street Journal in 1997, “it is probably the law, and not the people, that is in error.”





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