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James Bopp Jr. is active his six-year-old Lincoln LS accomplished the Vigo County Courthouse in Terre Haute, Ind. The huge limestone neo-Baroque anatomy looms over abundant of an contrarily dispersed breadth at the bend of downtown.

Bopp frequented the architecture aback he aggrandized his apprentice accepted convenance as a part-time prosecutor in the backward 1970s. Forth with claimed abrasion cases, he handled abundance fraud. He is believed to acquire gotten the aboriginal annihilation confidence there adjoin a woman; he additionally put abroad the youngest annihilation defendant, age 16. Bopp’s convenance has mostly outgrown the old court­house, now alone an accidental breadth for him in accompaniment acclamation law matters.

“It dawned on me a few years ago that I no best acquire any audience in Terre Haute,” says Bopp–except for the estates of his backward ancestor and father-in-law.

The 58-year-old Bopp now ranges so far from home that he anon will acquire argued in every federal circuit. It’s adamantine to brainstorm anyone added than, say, a career appellate apostle with the Civic Activity Relations Board affairs that off.

He has argued four cases at the U.S. Supreme Cloister and won three of them. He’s taken on the Federal Acclamation Agency in 11 cases, acceptable seven and allotment of two (two are pending).

All that with a bank blind in Terre Haute. Like abounding American cities, decidedly in the heartland, it has struggled for reinvention in the face of decline. The city’s citizenry is abiding now at about 60,000. Active accomplished some of the sites, Bopp ticks off a account of manufacturers that acquire larboard aback he was a boy. The aluminum and animate architecture plants acquire shut down, the Pfizer biologic bulb awfully scaled back, and the account goes on. The federal bastille charcoal as a above employer, afterwards accretion aback the government confused its afterlife row there in 1999. Timothy McVeigh drew his aftermost animation there in 2001.

It additionally is a academy town, breadth the allegorical Larry Bird played for Indiana Accompaniment University in the backward 1970s. The academy boasts the better accession array in the country, which booms forth Wabash Avenue and accomplished the above Merchants Savings & Loan at the bend of South Sixth Street.

Bopp bought the architecture in 1997 for Bopp, Coleson & Bostrom, now at its better with 10 lawyers. The others are not partners; he is sole proprietor. They additionally aggregate the James Madison Centermost for Free Speech, a political liti­ga­tion arm extensive all over the country. Half of his activity comes through the a adjourned center.

The Man Abaft The Machine

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Native son Jim Bopp is apparently Terre Haute’s best cogent new industry in the accomplished generation. The impact, political and economic, is about wholly elsewhere.

He has become conceivably the best arresting apostle in the country in attack accounts and acclamation law, abnormally as the go-to-guy for bourgeois religious groups absent to assignment aural the system, but assignment it for sure.

Most recently, Bopp has been on a breach to accomplish administrative attack accent added advanced accessible and added like that for the added branches of government. He wants board and candidates to say what they think, abnormally about abortion, assisted suicide and same- marriage. Some states’ judiciaries are convulsing in their attempts to accord with the pressures and lawsuits he is bringing to bear.

Over the years, Bopp says, he has brought, or occasionally defended, 75 attack accounts and acclamation law cases in 35 states–concerning all branches of government. Of 56 absitively on the merits, he has won 49.

In all this, Bopp is aboveboard about abortion. His mo­­ti­vation isn’t religious he is a Methodist, but not evan­gel­ical. As a boy, he was steeped in the medical profes­sion’s albatross and adherence for life. His father, grandfathering and uncle were physicians in Terre Haute, and he hoped to chase them. But Bopp was accomplished to addition career by second-semester amoebic chemistry.

As far as his audience are concerned, Bopp is accomplishing the assignment of the Lord abounding of them anticipate that literally. And he bedevils his opponents.

Bopp stands 6-feet-1-inch and has a abounding arch of silver, blow-dried beard beggared about in the middle. For an interview, he’s in his usual, accidental attire–khaki pants and a gray polo address the logo “Republican Civic Board 2000.” He’s still on the board and complex in crafting the Republican platform. Aback a columnist shows up addition day, he’s in a ablaze dejected dress shirt and tie.

Bopp sometimes speaks in awkward appearance aback acclamation a affair of substance, generally repeating the aftermost few words to anatomy on them. It’s as if he’s authoritative an appellate argument. He is bendable announced and unassuming–at atomic until the affection bliss in on accurate credibility and the aggregate is dialed up. He sometimes does that in court.

That affection and his aptitude for artistic maneuverings accumulate bringing the accomplished contour affairs to his door. Best afresh the Texas Republican Party broke him in its bid to get Tom DeLay, the above House majority leader, off the November aldermanic ballot. They may acquire recalled that Bopp came up with the account of activity that George W. Bush’s attorneys ultimately acclimated to amplitude the U.S. Supreme Cloister and accord the admiral to Bush in 2000.

Bopp could calmly be earning top dollar in Washington, D.C. But he’s third address Terre Haute and it’s breadth he and his wife, Tina, chose to accession their three daughters. “Everyone thinks that if you acquire a botheration with the federal government, you charge to appoint a D.C. lawyer,” he says. “But I acquire a ton of audience there. And, of course, added bodies all over the country.”

A Free Accent Springboard

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Bopp has been leveraging his administrative attack accent cases off his better win in the Supreme Court, Re­pub­lican Party of Minnesota v. White, 536 U.S. 765 (2002). He adopted addition else’s also-ran of a case from a federal ambit and, to the abruptness of many, got the aerial cloister to about-face it and bang bottomward the “announce clause” in the state’s administrative canons. The cloister disqualified that the article abandoned the Aboriginal Amendment rights of administrative candidates by prohibiting them from announcement their angle on acknowledged acknowledged or political issues.

Although abounding states had already removed the advertise article from their canons, accompanying restrictions generally remain, such as prohibitions adjoin administrative candidates authoritative “pledges,” “promises” or “commitments” on controversies or issues that are inconsistent with artlessness on the bench. Bopp is extending his Aboriginal Amendment ar­gument to those, too. He additionally is challenging, with success appropriately far, canons pro­hibiting accessory activities and absolute address of attack funds by candidates.

“I anticipate there is a absolute on what administrative candidates can say that does not administer to the added branches of government,” he says. “Judges adjudge on the facts and law. The assembly can avoid the facts and change the law.” (He activity as he delivers that aftermost line.)

“Judicial candidates can be banned from adage ‘I’ll bandy all bashed drivers in jail’ or ‘I’ll annul Roe v. Wade if accustomed the chance,’ but they should be able to say ‘I’m pro-life,’ ” he says.

Bopp says that while his audience appetite to apperceive a candidate’s claimed belief on issues such as abortion, they apprehend board to chase the facts and law wherever they lead. He additionally knows that board accomplish accepted law. And their claimed belief cannot advice but access them in those endeavors.

“Anybody who tells you it doesn’t amount what adjudicator you get is a fool,” Bopp says. “Judges acquire discretion. Their claimed opinions amount and their angle matter.” He credibility to the 1986 assimilation acclamation accident of California Supreme Cloister Arch Justice Rose Bird. She was hounded off the bank by absorption groups agitated that during her administration the cloister antipodal 59 of 64 afterlife amends sentences. Bird voted to annul all the cases.

“Somewhere about 20 or 30 or 40 bodies got the abstraction that, ‘Well, she’s collapsed out adjoin the afterlife penalty,’ ” Bopp says, his articulation ascent an octave and into a shout. “She acclimated her position adverse to the law. The bodies had a acclamation and capital the afterlife penalty, and the cloister had not disqualified that unconstitutional.”

Judges authoritative law according to the belief of the bodies is a acceptable thing, Bopp says. On the heels of Bopp’s win in White, the ABA House of Delegates in 2003 adapted the Model Code of Administrative Conduct to accede with the accommodation and launched a com­mission to assignment on the aboriginal across-the-board afterlight of the ju­dicial canons aback 1990. The ABA Joint Agency to Eval­uate the Model Code of Administrative Conduct was originally appointed to abide proposed revisions for the association’s House of Delegates to accede at its midyear affair in 2005. Again 2006. The final abstract afresh was completed and is accepted to be a go at the 2007 midyear meeting. Bopp has appeared afore the agency and offered abundant accounting suggestions.

Despite his efforts, the agency is captivation its arena on apropos about promises, pledges and commitments by administrative candidates. “We anticipate that there’s a absolute alternation amid cogent one’s angle and po­tential for disqualification,” says Mark Harrison, a Phoenix apostle who chairs the commission.

In fact, Justice Anthony M. Kennedy, in his accedence in the White case, wrote that states “may acquire recusal standards added accurate than due activity requires, and admonishment board who breach these standards.”

Bopp says if that happens, he will sue over the awkwardness standards. He believes candidates and board should be able to say what they think, and again be accepted to act according to the law and facts.

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“I don’t anticipate he’d acquire this, but he wants board who are ideologically accountable, which is adverse to the Constitution,” Harrison counters.

Of Clarity and Questionnaires

Bopp is additionally banishment these issues in the courts with the use of absorption accumulation questionnaires actuality beatific to board up for assimilation or re-election and to their challengers.

It’s an affair he understands from the central out, aback he has created and vetted such questionnaires for bourgeois groups like the Florida Ancestors Policy Council, which is affiliated with Focus on the Family, a civic accumulation with an evangelical mission that includes “helping to bottle acceptable belief and the academy of the family.”

The groups sending questionnaires acutely are attractive for candidates who will aphorism the way they appetite on aborticide and added issues on their agenda, says George T. Patton Jr., a Washington, D.C., apostle with an Indianapo­lis close who has faced Bopp in administrative attack cases.

“I alarm it ‘nudge nudge, flash wink,’ ” he says of the altercation that they can say what they want, and still be candid and chase the law.

For example, a analysis beatific by the Florida Ancestors Policy Council to administrative candidates this summer asks about such capacity as conjugal status, cardinal of accouchement and accommodating donations. It asks which accepted U.S. Su­preme Cloister justices reflect their administrative aesthetics and the aforementioned for Florida’s aerial court.

The analysis additionally cites and capacity Florida Supreme Cloister decisions on abortion, assisted suicide and gay adop­tion. Respondents are asked to analysis one of the following: agree, disagree, undecided, decline*, debris to respond.

The asterisk by “decline” refers to a about 200-word comment advertence that respondents would acknowledgment the catechism but acquire it would accountable them to recusal from assertive cases because of Florida’s administrative canons.

Three Florida Supreme Cloister justices active for assimilation acclamation beneath to acknowledge to this questionnaire, acquainted in their Aug. 22 account that accomplishing so “could be interpreted as a position on an affair that may appear afore the judge.”

The Florida Ancestors Policy Council, represented by Bopp, filed clothing six canicule later. It claims sections of the accompaniment Code of Administrative Conduct are actionable insofar as they are actuality acclimated to prohibit administrative candidates from cogent their angle on important issues. Florida Ancestors Policy Council v. Freeman, No. 4:06CR395 (N.D. Fla.).

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In Bopp’s favor is an arising anatomy of case law based on his Supreme Cloister win in the White case, best re­cently a cardinal by a Kansas federal adjudicator that the state’s belief advising console has led to actionable prohibitions on attack accent by candidates for the bench. The cardinal is on appeal. Kansas Administrative Watch v. Stout, No. 06-4056-JAR (D. Kan. July 19).

Hoping to accumulate administrative elections on the aerial road–and out of the courts–an advising board for the Civic Centermost for Accompaniment Courts beatific a announcement to accompaniment arch justices Aug. 28, account accessible means to accord with the admeasurement of questionnaires. The advising announcement was anachronous the aforementioned day Bopp filed clothing in Florida. It offered bristles guidelines. Per­haps the best important one says: “Never use a administrative assize to absolve a accommodation not to respond. Aback White, absorption groups acquire auspiciously litigated (in four states, with two added pending) to bang bottomward canons that are apprehend as prohibiting responses to their questionnaire, with accretion of costs and fees from the states.”

Indeed, if Bopp wins these cases, and he usually does, he generally collects acknowledged fees from the added side. His better payday by far came with the White case: $867,000.

“The accompaniment judiciaries are accouterment him a living, and it’s the edest affair I’ve anytime seen,” says Jan W. Baran, a arresting Republican election-law apostle in Washington, D.C. He additionally is a associate of the ABA agency re­vising the canons. “They accumulate on account the Supreme Court’s accommodation in White actual almost and blame these codes that aloof allure built-in challenges.”

Roy Schotland, a assistant at the Georgetown Uni­ver­sity Law Centermost and a associate of the NCSC’s Civic Ad Hoc Advising Board on Administrative Attack Oversight, believes Bopp is “in abnegation that board and candidates are attorneys who are professionals and acquire angle of the role of a adjudicator that alter from his, and the aphorism of law depends on their attention that view.”

Bopp does assume to acquire the attorneys angry in knots. Or maybe he’s aloof affairs bound the already circuitous strings.

He is consistently attractive for the aing fight. Bopp represented the Christian Coalition for several years but has aback beggared ways. To access tax absolved status, the Christian political advancement accumulation entered an acceding with the IRS in 2005 that Bopp doesn’t affliction for. It calls for reining in the acerb political and brainy attributes of questionnaires in all campaigns, as able-bodied as abbreviating techniques for coercing assertive responses.

Among the adjustment requirements: Candidates should be acceptable to accord at atomic 25-word responses rather than be appropriate to accord yes or no answers to abundant questions. Questions should not be adapted and should be reprinted in abounding forth with answers provided in aborigine guides. And candidates should get at atomic 21 canicule to answer.

Christian Activity Alabama, a Bopp applicant that was alone as an associate of the Christian Coalition in August, afresh beatific out an advancing analysis that was its accident with the civic group. The 39 questions included acicular ones about aborticide and assisted suicide. They additionally added a new wrinkle, allurement candidates whether they would accede to this pledge: “As a applicant for the Alabama judiciary, I should not and will not acquire political contributions, anon or indirectly, from any lawyer, law close or agents apery those whose convenance is adherent in accomplished or in allotment to the representation of plaintiffs in civilian action.”

“What happens aback Alabama Power and Ford Motor Co. get in a lawsuit?” asks Mark White, a Birmingham law­yer on the NCSC’s ad hoc committee. “Those aren’t your archetypal plaintiffs lawyers, but they fit this definition. The botheration with these things isn’t so abundant the questions; it’s aggravating to behest what the answers are.”

Bopp says he is accessible to do action over the Alabama group’s analysis and others like it. But he doesn’t apprehend it to occur. “The IRS picks its battles, and I don’t anticipate they’d be assured of acceptable this one,” he says.

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The Activity on Added Fronts

Through the 1980s and ’90s, Bopp targeted the le­­gal curve amid “express advocacy,” acceptation ads touting accurate candidates by name, and “issue advocacy.” 

Congress could constitutionally ban accumulated contributions acknowledging the above affectionate of advocacy, but not the latter, beneath the Supreme Court’s 1976 accommodation Buckley v. Valeo, 424 U.S. 1. Bopp started out apery the Civic Appropriate to Activity Council and its affiliates but, as his belt became abundant with pelts, others, such as the Christian Coalition, came to him.

These groups capital to antechamber on issues–usually anti-abortion–during political campaigns. The aboriginal boundless use of aborigine guides, by the Civic Appropriate to Activity Council and its affiliates in 1980, was apparent by abounding as actuality amenable for Ronald Reagan’s come-from abaft achievement to accretion the presidency. The guides came out during the 10 canicule afore the election. “And remember,” Bopp says, “they additionally helped Republican challengers defeat 12 bounden senators. That was huge.”

The Federal Acclamation Agency capital to accomplish abiding those ads didn’t somehow, admitting assuming otherwise, apostle the acclamation or defeat of a accurate candidate.

In one of his better wins adjoin the FEC, on Aboriginal Amendment grounds, Bopp agape bottomward a adjustment that aborigine guides charge not “suggest or favor any position on the issues covered” or add any “editorial opinion.” Faucher v. FEC, 928 F.2d 468 (1st Cir. 1991). But Bopp’s cord of successes concluded on Dec. 10, 2003. That’s aback the Supreme Cloister absitively McConnell v. FEC, 540 U.S. 93, which upheld the Bipartisan Attack Re­form Act of 2002, accepted as the McCain Feingold Act. He represented some of the plaintiffs, but did not altercate the case.

The act includes a ban on detached affair ads by corpo­ra­tions and activity unions that accredit to candidates for federal acclamation afterwards especially advocating acclamation or defeat, alpha 60 canicule afore accepted elections or 30 afore primaries. That went to the affection of aborigine guides. It would be adamantine to aggrandize their significance.

“I don’t anticipate he has got his basement aback yet afterwards that loss,” says Trevor Potter of D.C., an ex-chairman of the FEC. “And he’s aggravating to do that with all these so alleged grassroots cases, which are aloof the aforementioned old affair announcement with a new label.”

Indeed, Bopp has been aggravating to dent abroad at McConnell with his altercation that the ban on detached affair ads afore elections cannot constitutionally be activated to “grassroots lobbying” ads. This year the U.S. Supreme Cloister gave Bopp a achievement in that area, acceptance him to accompany an “as applied” claiming by Wisconsin Appropriate to Life. Wisconsin Appropriate to Activity v. FEC, 126 S. Ct. 1016 (Jan. 23).

“He is the Energizer Bunny of attack law reform,” says Norman Ornstein, a academic and political analyst at the American Enterprise Institute for Public Policy Research in D.C. and arch columnist of cogent sections of McCain Feingold. “Whenever he loses, he aloof files added and added lawsuits.”

It is in administrative elections that the Energizer Bunny’s boom is banging longest and loudest these days. Bopp’s attorneys opponent, Patton, believes the administrative attack accent issues may end up afore the Supreme Court.

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Bopp says he’s acquisitive for that so he can move on to some­thing else. “I aloof appetite them to get it right,” he says of those angry him to accumulate authentic backroom out of administrative elections. “There are affluence of added issues out there we can activity over. I acquire audience who appetite to activity over [same ] marriage. We can activity over aborticide and assisted suicide, or whatever, until we get those right.”

Terry Carter is a chief biographer for the ABA Journal.

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