The Supreme Court’s New 6–3 Elections Case Was Not Nearly As Bad As Expected
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As disastrous Supreme Court election cases go, Tuesday’s decision in National Republican Senatorial Committee v. Federal Election Commission doesn’t make the list of complete abominations, like the court’s decision this term in Louisiana v. Callais killing off the remaining key part of the Voting Rights Act, or earlier decisions like 2010’s Citizens United that kicked off the unraveling of our campaign finance system. Indeed, it’s possible that the NRSC decision makes our campaign finance system a bit less distorted in bringing candidates and parties closer together. But NRSC, written by Justice Brett Kavanaugh for the six Republican-appointed justices, is an excellent example of the Roberts court’s “deregulatory bootstrapping,” in which the court relies on its earlier partial overruling of precedents—that only makes things worse—to justify more changes in the law. Fundamental change to campaign finance will have to wait for a new Supreme Court.
When Congress passed the Federal Election Campaign Act amendments of 1974 in the wake of Watergate, it imposed a comprehensive system regulating money in politics. It limited how much people can contribute to candidates, parties, and committees, and it limited spending too, by rich candidates and by those who wanted to........
