A special three-judge district court, which heard arguments earlier this month, is expected to rule sometime in January on the constitutionality of the Bipartisan Campaign Reform Act of 2002 (BCRA). The court ordered that all documents in this controversial case be made public, unless there were specific objections. Since then, the court has heard from more than two-dozen organizations and individuals asking that their information be kept secret. Among those groups objecting to disclosure have been units of the Democratic and Republican parties, the National Rifle Association, and the National Right to Life Committee. The most recent to ask that the information be kept secret is the federal government.

On December 16, the Federal Election Commission (FEC) and the Justice Department filed a joint motion opposing blanket disclosure of documents involved in the case. The government's position appeared to differ from the stance taken by the congressional sponsors of the reform law, who have generally argued for broad disclosure of information involved in the litigation.

Supporters of the reform law have pursued a legal strategy based on building an evidentiary record of corruption caused by the current campaign finance system. While some examples have previously been made public in news reports, much of the other evidence of corruption remains secret.

The FEC and the Justice Department argued that they "oppose the wholesale unsealing of the record" because such a move would upset its relationship with "insiders" in the political community, who have provided evidence of the need for the new law, based on the understanding that their identities would not be revealed.

Once the court rules on the constitutionality of BCRA an immediate appeal to the Supreme Court is anticipated.