Lyle Denniston at SCOTUSblog reports that in oral arguments today, Scalia and Roberts seemed eager to trim back the most offensive of McCain-Feingold’s “reforms,” the ban on “electioneering” ads in the 60 days before an election. We know, based on their opinions in McConnell v. FEC, that Thomas and Kennedy both think that ban is unconstitutional. My guess is that Alito makes five votes to either overturn the ban or narrow its scope.



