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U.S.2026Background
- FECA limits political parties’ coordinated expenditures with candidates, and the Court previously upheld those limits in Colorado II. 1
- Petitioners, including the NRSC and candidate JD Vance, challenged the limits under the First Amendment, arguing Colorado II was no longer valid. 2
- The Sixth Circuit upheld the statute, but the United States later agreed with petitioners that the limits were unconstitutional. 3
- The Court held that at least one plaintiff had standing and that the case was not moot because Vance still had an active Senate candidacy filing and campaign committee. 4
- The Court concluded that FECA’s coordinated-expenditure limits are disproportionate and not narrowly tailored because earmarking and disclosure rules already address circumvention. 5
- The Court reversed the Sixth Circuit and overruled Colorado II to the extent it remained viable. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing and mootness 7 | Vance’s candidacy filing and committee keep the case live. | The case is moot because the Government will not enforce and Vance is no longer a candidate. | The case is justiciable and not moot. 8 |
| First Amendment validity of coordinated-expenditure caps 9 | The caps burden party speech and fail close scrutiny. | The caps prevent circumvention of candidate contribution limits. | The caps violate the First Amendment. 10 |
| Whether anti-corruption justifies the caps 11 | Only quid pro quo corruption can justify campaign-finance limits, and these caps go beyond it. | The caps prevent corruption, undue influence, and circumvention through parties. | Only quid pro quo anti-circumvention counts, and the caps are unnecessary. 12 |
| Whether earmarking and disclosure rules are enough 13 | Existing earmarking and disclosure rules adequately stop circumvention. | Those measures are insufficient without coordinated-expenditure caps. | Earmarking plus disclosure make the caps disproportionate. 14 |
| Stare decisis and Colorado II 15 | Colorado II should be overruled because later cases undermined it. | Colorado II remains controlling precedent. | Colorado II is overruled to the extent it survives. 16 |
Key Cases Cited
- Federal Election Comm’n v. Colorado Republican Federal Campaign Comm., 533 U.S. 431 (U.S. 2001) (upheld party coordinated-expenditure limits, later overruled to the extent inconsistent 17)
- Buckley v. Valeo, 424 U.S. 1 (U.S. 1976) (independent campaign spending protected; contribution limits upheld 18)
- McCutcheon v. Federal Election Comm’n, 572 U.S. 185 (U.S. 2014) (closely drawn scrutiny and anti-circumvention analysis for campaign-finance limits 19)
- Federal Election Comm’n v. Ted Cruz for Senate, 596 U.S. 289 (U.S. 2022) (reinforced rigorous tailoring and anti-corruption limits in campaign-finance review 20)
- McConnell v. Federal Election Comm’n, 540 U.S. 93 (U.S. 2003) (recognized the special relationship between parties and candidates 21)
- SpeechNow.org v. Federal Election Comm’n, 599 F.3d 686 (D.C. Cir. 2010) (described the rise of super PACs and outside-group spending 22)
