Tag: McCutcheon v. Federal Election Commission

Get out your check books, folks, the Supreme Court opened the bank for the deposits of big money to flood the US political system.

The Supreme Court on Wednesday continued its abolition of limits on election spending, striking down a decades-old cap on the total amount any individual can contribute to federal candidates in a two-year election cycle.

The ruling, issued near the start of a campaign season, will very likely increase the role money plays in American politics.

The 5-to-4 decision, with the court’s more conservative members in the majority, echoed Citizens United, the 2010 decision that struck down limits on independent campaign spending by corporations and unions.

Wednesday’s decision seemed to alter campaign finance law in subtle but important ways, notably by limiting how the government can justify laws said to restrict the exercise of First Amendment rights in the form of campaign contributions.

Power Surge for Donors

By Nicholas Confessor, The New York Times

The ruling opens the door for each party’s establishment to reclaim some power from the super PACs and other independent spending groups that are now playing an outsize role in campaigns. Experts said the decision would permit party leaders to form joint fund-raising committees and solicit multimillion dollar checks on behalf of candidates. The House minority leader, Nancy Pelosi, for example, could in theory approach a donor seeking to help Democrats win control of the House of Representatives, and solicit as much as $2.3 million – $5,200 for each Democratic candidate in every House race, plus a contribution to the Democratic Congressional Campaign Committee.

A donor could also, in theory, give $5,000 per year to every political action committee currently registered with the Federal Election Committee. That would total more than $13 million, versus the $74,600 allowed under the existing aggregate cap.

The bidding is now open.

This week the Supreme Court heard arguments for the ending of limits on campaign contributions for individuals, McCutcheon v. Federal Election Commission. The argument for lifting the limits is the same that were used to argue Citizens United that opened the flood gates of money from corporations, money is free speech.

Next Citizens United? McCutcheon Supreme Court Case Targets Campaign Contribution Limits

by Paul Blumenthal, Huffington Post

Alabama electrical engineer and budding political donor Shaun McCutcheon broached a problem in conversation with conservative election lawyer Dan Backer, who one day earlier had led a CPAC panel on rolling back campaign finance laws in which he predicted that campaign contribution limits would soon rise.

McCutcheon had recently learned there were overall federal campaign contribution limits on what a single donor could give during a two-year election cycle. He voiced his annoyance to Backer and wondered if he could just ignore the aggregate limits — something that a few dozen donors wound up doing], whether deliberately or inadvertently, in the 2012 election. [..]

A little more than a year later, McCutcheon, now joined by the Republican National Committee, is bringing the biggest campaign finance case before the Supreme Court since the controversial 2010 Citizens United decision. If the justices rule in their next term to toss the overall limits, it would mark the first time the Supreme Court had found a federal contribution limit unconstitutional and would open the door for even more money to flood the political system.

It would also be a major victory for counter-reformers, who have racked up a string of wins rolling back campaign finance regulation ever since Justice Samuel Alito replaced the more campaign regs-friendly Sandra Day O’Connor. And it would be a major blow to the campaign finance regime crafted in the 1970s following a string of corruption scandals culminating in the abuses revealed in the Watergate investigation.

One other small point, McCutcheon is a climate denier.

This week’s guest on Moyers & Company, Yale Law School election and constitutional law professor Heather Gerken discussed the how a ruling in favor of McCutcheon will further erode campaign finance regulations and allow more cash and influence to slosh around in the system.

McCutcheon challenges aggregate caps on how much individual donors can give to candidates and political parties. The current overall cap stands at $123,200 per donor for a two-year election cycle, but McCutcheon could raise that amount to more than $3.5 million.

Gerken says if the court rules in favor of McCutcheon, one donor could write a check that might cover a politician’s entire election campaign. “We’re going to start to worry about the bad old days when politicians were beholden to an incredibly small group of wealthy donors … Right now when politicians want to raise money they have to talk to at least middle class voters. They have to talk to a pretty big number of voters to raise money for their campaigns.”

Gerken fears that a small, rich group would not only influence the outcome of elections, but policy decisions as well. “It’s not just a seat at the table on election day, it’s a seat at the table for the next four-to-six years when they’re governing,” Gerken says. “Wall Street is going to be controlling the congressional agenda, Main Street is not.”

As suggested by Karin Kamp, at Moyers’ & Company web site, here is a list of recommended articles that explain the case.

Chief Justice Roberts: A Campaign Finance Moderate Who Gets It?

by Rick Hasen, Election Law Blog

Poor Little Rich Guys

by Dahlia Lithwick, Slate

Conservative Justices Signal Dismantling Of Campaign Donation Limits

by Sahil Kapur, TPM

Mitch McConnell’s Moneyocracy

by Katrina vanden Heuvel, The Washington Post

Meet Shaun McCutcheon

by Ben Jacobs, The Daily Beast

There is also a very informative video from the Washington Post that is worth watching.