McCutcheon

Late last week, the Supreme Court indicated that it intends to review a challenge by Senator Ted Cruz (R-TX) to federal limits on the use of post-election contributions to repay pre-election loans that candidates make to their own campaigns.  This follows an earlier three-judge district court decision that struck down
Continue Reading Considering the Broader Implications of Cruz v. FEC

While McCutcheon concluded the government’s anti-circumvention rationale was too speculative and attenuated to justify the biennial aggregate limits, the Court did discuss “multiple alternatives available” to the government that would serve this interest while still satisfying the First Amendment.  One such suggestion involved “earmarking” rules—which bar donors from trying to
Continue Reading FEC has said little about earmarking rule discussed in McCutcheon

The Supreme Court’s latest major campaign finance decision, McCutcheon v. FEC, “does not involve” a challenge to current limits on contributions to political party committees and PACs, which the Court “previously upheld as serving the permissible objective of combatting corruption.”  But it nonetheless provides fodder for those who would
Continue Reading After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?

In his controlling opinion yesterday in McCutcheon v. FEC, Chief Justice John Roberts struck down the federal aggregate campaign contribution limits.  These limits capped the total amount one individual could give to candidates, party committees, and PACs in a two-year election cycle.  The purpose of the limits was to
Continue Reading Don’t Hold Your Breath for a Legislative “Fix” to McCutcheon

Despite the heated rhetoric surrounding today’s McCutcheon decision, it should be remembered that the aggregate contribution limits the Court struck down today have played only a minor role in recent controversies surrounding campaign finance regulation.  In recent years, debates surrounding the disclosure of political spending have instead taken center stage. 
Continue Reading Both Sides of the Political Disclosure Divide Likely to Latch onto McCutcheon Decision

Today, in McCutcheon v. FEC, the Supreme Court struck down the complex array of overall limits on federal political contributions that have been in force since 1974.  Covington issued a detailed advisory analyzing the opinion and its consequences.  We refer our blog readers to that advisory for the details.
Continue Reading Supreme Court Strikes Down Overall Limits on Federal Contributions

The Supreme Court is expected to rule soon, in McCutcheon v. FEC, on whether the Federal Election Campaign Act’s biennial aggregate limits on individual political contributions are constitutionality permissible.  Many have argued that, if the Supreme Court strikes down the federal limits, aggregate limits imposed by state law will
Continue Reading Will States Ignore the Supreme Court’s Coming McCutcheon Decision?

If the Supreme Court strikes down the biennial limit on the amount an individual can contribute to all federal candidates, political parties and PACs, the most immediate effect may be to expand the role of Joint Fundraising Committees (JFCs) in campaign finance.

JFC’s allow candidates, party committees and PACs to
Continue Reading Will McCutcheon Usher in the Era of Super Joint Fundraising Committees?