The Supreme Court Restores Some Common Sense To Campaign Finance

The Supreme Court got this one right. In National Republican Senatorial Committee v. Federal Election Commission, decided today, the court struck down the federal limits on coordinated expenditures between political parties and their candidates. The vote was 6–3, with Justice Kavanaugh writing for the majority, joined by Chief Justice Roberts and Justices Thomas, Alito, Gorsuch, and Barrett. For decades, these restrictions rested on a bizarre fiction, that a political party could somehow corrupt the very candidate it nominates. Nobody who has ever worked in politics believes that. Parties exist to elect candidates. The court has now said what practitioners have known all along: the government cannot punish them for doing so.

The court did not mince words. Justice Kavanaugh wrote that Colorado II’s “reasoning has been rejected by subsequent cases and is no longer good law in light of the court’s more recent precedents. To the extent that Colorado II has retained any vitality, it is now overruled.” That 2001 decision, FEC v. Colorado Republican Federal Campaign Committee, had upheld the coordinated-expenditure limits by a 5–4 vote over a powerful dissent by Justice Thomas — the only member of that court still serving. Twenty-five years later, his dissent has been vindicated. As the majority acknowledged, Justice Thomas “explained that ‘the ordinary means for a party to provide support is to make coordinated expenditures’” and that “‘breaking the connection between parties and their candidates inhibits the promotion of the party’s message.’”

I have some stake in saying so. As a former chairman of the Federal Election Commission, I was at the commission when this litigation began. The Biden administration chose to defend the restrictions. When President Donald Trump returned to office, the solicitor general shifted the government’s position, rightly, in my view, and conceded the limits were unconstitutional. That was not a political stunt. It was an honest acknowledgment of what the First Amendment requires. Because the government declined to defend the law, the court appointed Roman Martinez, a former clerk to both Chief Justice Roberts and then-Judge Kavanaugh, as amicus curiae to argue in defense of the statute.

The history matters. When the case went to the en banc Sixth Circuit, a majority of the judges questioned the continued validity of Colorado II, considering later Supreme Court decisions, particularly McCutcheon v. FEC (2014) and FEC v. Ted Cruz for Senate (2022), but felt bound by the 2001 precedent. The Supreme Court freed them, and us, from that constraint.

Look at what these coordination limits did. They did not reduce the amount of money spent on politics. They just pushed spending away from political parties and toward outside groups. The court recognized this directly: the coordinated-expenditure limits imposed a “stifling effect on the ability of the party to do what it exists to do.” Meanwhile, donors sent their funds to Super PACs and other outside groups with a First Amendment right to spend unlimited money. The numbers are staggering: in the 2024 cycle, PACs raised over $15.7 billion, compared to $2.7 billion by political parties. A Super PAC run by consultants could spend without limit, but the Republican or Democratic party committee could not coordinate a mail piece with its own nominee. The First Amendment does not require that absurdity.

The majority applied what it called the “closely drawn” scrutiny from McCutcheon and Cruz, requiring that any restriction on political speech be “necessary,” “narrowly tailored,” and not “disproportionate” to the government’s interest. The only permissible interest in campaign finance restrictions, the court reaffirmed, is “preventing corruption or the appearance of corruption” — and only the narrow, quid pro quo kind. Not “influence.” Not “access.” Not “ingratiation.” The court wrote plainly: “Ingratiation and access … are not corruption,” but instead “embody a central feature of democracy.”

As for the government’s circumvention argument, the idea that donors would funnel money through parties to evade contribution limits, the court concluded that three existing tools already address that concern: base contribution limits to candidates, earmarking rules that treat directed contributions as direct donations, and robust disclosure requirements. The coordinated-expenditure limits were a “fourth line of defense” — a “prophylaxis-upon-prophylaxis” that was disproportionate to the interest it served. The majority pointedly observed that a majority of states “largely give parties free rein to make coordinated expenditures on behalf of their state-level nominees,” and yet “no evidence of corruption” via circumvention “has materialized.”

It is important to remember: parties disclose their donors. Their leadership is public. They file detailed reports with the FEC. The court itself emphasized that disclosure “offers much more robust protections against corruption” today than ever before, because of advances in technology and the Internet. If you care about transparency in elections, you should want more money flowing through parties, not less.

Critics will say this opens the floodgates. It does not. Contribution limits to the political parties still exist. Parties still cannot raise unlimited money the way Super PACs can. What changes is that parties can now spend what they raise in coordination with their candidates instead of pretending they operate independently. As the court stressed, the decision “treats all political parties equally” and will “allow all political parties, including the DNC and RNC and the respective Senate and House campaign committees, to participate more freely and compete more fully in the political process.” Some money will migrate back from Super PACs to party committees. That means more disclosure, more accountability, and more coherent campaigns.

Campaign finance reformers have spent decades getting this wrong. Every time Americans find a way to participate in political speech, the reformers’ knee-jerk response is the same: restrict it. They pushed for the coordinated-expenditure limits. They got them. The predictable result was that money flowed to outside groups while parties withered. The court has now corrected part of the problem by eliminating the coordination restriction, but the underlying contribution limits, themselves an unconstitutional restraint on political association, remain in place because the same misguided reform impulse that created them still dominates the conversation in Washington.

At bottom, this case asked a simple question: Can the government restrict political speech because regulators think there is too much of it? The answer is no. It has always been no. As the court reminded us, the “Framers were even more famously suspicious of government suppression of political speech” than they were of political parties. And it closed with the most powerful point of all: “For nearly 200 years after the ratification of the First Amendment, parties could spend on campaigns in coordination with candidates,” and no one suggests “that these elections were not functional or that they were marred by corruption.” The First Amendment is not a suggestion, and it does not come with a carve-out for election season.

That should not be a controversial statement. But in Washington, apparently it still is. Credit the court for moving the conversation in the right direction — toward freedom, and away from the reflexive assumption that government knows best when Americans speak about politics.

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Trey Trainor is a partner at Dhillon Law Group, Inc., board certified in Legislative and Campaign Law by the Texas Board of Legal Specialization, and former Commissioner and Chairman of the Federal Election Commission.