The Supreme Court agreed to
review a critical campaign finance case, McCutcheon
v. Federal Election Commission. Businessman
Shaun McCutcheon sued the FEC because he wants to give more to the Republican
National Committee than the contribution ceilings permit.
At SCOTUSBlog,
Lyle Denniston explains that McCutcheon could implicate reconsideration of the
scheme guiding campaign finance regulation that has been in place for decades:
Since the Court’s landmark opinion
in 1976 in Buckley v. Valeo, it has always given government more leeway to
control contributions to candidates or political organizations than over
spending by candidates or by independent political activists. That differing constitutional treatment
potentially is at stake in the new case, McCutcheon v. Federal Election
Commission (docket 12-536).
This reconsideration of Buckley was left open by Citizens
United and even the judges of the lower court recognized it could be overturned
by the Supreme Court. The lower court
held, “Plaintiffs raise the troubling possibility that Citizens United
undermined the entire contribution limits scheme, but whether that case will
ultimately spur a new evaluation of Buckley is a question for the Supreme
Court, not us.”
In the 2011-2012 election season, contribution limits were
set at $2,500 per election to any candidate or a candidate’s campaign
organization, no more than $30,800 per year to a national political party, no
more than $10,000 per year to a state political party, and no more than $5,000
to any other political committee. Those limits are at issue in McCutcheon.
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