[jessaustin]

It really depends on your perspective. From one perspective, it was terrible that the least sympathetic defendants they could come up with were like Thomas Paine's great-grandsons targeted by a tyrannical FEC, so the courts really had no choice but to throw out the terrible law. From another perspective, it was really convenient that all the rhetorical noise and political effort that went into McCain-Feingold could be neutered so easily. Why did Deputy Solicitor General Malcolm Stewart really start out with such an absolutist argument? The "even one sentence" formula was fairly shocking in that context, but the public may never know why he used it...

[wowzap]

Do you have a link to General Malcolm Stewart's argument? I'd like to read up on it to learn more about this perspective.

[jessaustin]

Sorry to take so long. The following contemporaneous NYT article discusses the argument, but it doesn't contain the phrase "even one sentence". It does give a flavor of the justices' skepticism at the absolutism of the deputy solicitor general's argument:

https://www.nytimes.com/2009/03/25/washington/25scotus.html