The Supreme Court is taking up another Republican legal case seeking to erode campaign finance law and give more power to the wealthy donors seeking to influence elections.
On Monday, the court agreed to hear a challenge to campaign finance restrictions w limit the ability of party committees to directly coordinate spending with individual candidates. The anti-corruption group Public Citizen argues that this provision was put in place to “guard against the corrupting effect of large campaign contributions.”
The challenge was brought by the National Republican Senatorial and Congressional Committees, as well as the 2022 campaigns of two Ohio Republican congressmen: former Sen. JD Vance, who has since become vice president, and former Rep. Steve Chabot, who lost his re-election bid in 2022.
The case seeks to overturn rules implemented in the Federal Election Campaign Act in 1971, which put strict limits on the ability of party committees to spend money in coordination with specific candidates. The Democratic National Committee will defend the rule before the court after filing a motion to intervene.
The rules were put in place, in part, to stop wealthy donors from using parties to get around rules about coordinating individual spending with candidates.
Under current law, how much coordinated spending parties can undertake is limited by the population of the state or district in question. At most, parties can coordinate nearly $4 million worth of spending for a single Senate candidate and $127,200 for a single House candidate.
The Republicans bringing the challenge have argued that the limits on coordinated spending violate the First Amendment.
The Campaign Legal Center, which has argued before the court against weakening these rules, has described them as a powerful bulwark against corruption.
“Since the party coordinated spending limits were enacted in the 1970s, these limits have checked the corruptive effect of large contributions flowing through party committees to candidates and prevented the quid pro quo exchanges that such contributions would otherwise facilitate,” they wrote last year in a policy page arguing against the GOP challenge.
“Because the limits allow political parties to spend only a prescribed amount of their money in direct coordination with a candidate,” the Campaign Legal Center continued, “they moderate the risk that a party committee could effectively pass on every big donation—or six-figure check collected via joint fundraising—to the donor’s chosen candidate in the form of coordinated expenditures.”
“This case has nothing to do with the First Amendment and everything to do with Republicans’ obsession with creating a government by and for billionaires,” said Brett Edkins, a spokesperson for the progressive advocacy group Stand Up America.
In 2001, the Supreme Court upheld coordination limits in another case brought by Republicans: FEC v. Colorado Republican Federal Campaign Committee.
In that case, often described as the Colorado II decision, the majority ruled 5-4 that “a party’s coordinated expenditures, unlike expenditures truly independent, may be restricted to minimize circumvention of contribution limits.”
Since then, however, the Supreme Court has helped the Republican Party chip away at laws that kept powerful donors in check.
Most notably, in the 2010 Citizens United v. FEC case, they ruled that political spending is a form of protected speech and that individuals could spend unlimited amounts of money influencing the election process, so long as it was not directly coordinated with candidates and instead done through “independent expenditure only” committees, more commonly known as super PACs.
“In the 15 years since the Supreme Court’s abysmal Citizens United decision opened the floodgates to unlimited corporate and billionaire campaign spending, the corruption of American politics has gone from bad to worse,” said Jon Golinger, a spokesman for Public Citizen.
Despite the supposed wall of separation, most candidates now rely on super PACs for large amounts of their political communication and organizing. In 2015, a report by Public Citizen titled “Super Connected” found that 45% of super PACs spending over $100,000 directed that spending toward a single candidate.
The amount of election-related corporate spending directed to these largely unaccountable entities has exploded in recent years. According to OpenSecrets, outside spending reached an unprecedented $4.5 billion in the 2024 election, compared with just $555 million in 2008, the last presidential election year before Citizens United.
The top three individual spenders—the Mellon family, Elon Musk, and the Adelson family—spent a combined $369 million to help Donald Trump win the presidency.
“The right-wing supermajority on the Court already dismantled decades of campaign finance protections in Citizens United, and now they’re poised to gut what few remain, inviting billionaires to bankroll candidates through political parties with no limits,” Edkins said.
Republished from Common Dreams (Stephen Prager, staff writer) under Creative Commons (CC BY-NC-ND 3.0).
