Tag Archives: McCutcheon

FEC has said little about earmarking rule discussed in McCutcheon

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 circumvent the base limits by … Continue Reading

After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?

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 challenge party and PAC limits. The … Continue Reading

Massachusetts Embraces McCutcheon

Less than twenty-four hours after the McCutcheon decision was issued, the Massachusetts Office of Campaign & Political Finance (OCPF) announced that it will no longer enforce the state’s $12,500 aggregate limit on the amount that an individual may contribute to all candidates.  But, no decision has been made about the $5,000 aggregate party limit.  In … Continue Reading

Don’t Hold Your Breath for a Legislative “Fix” to McCutcheon

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 prevent donors from circumventing the per-candidate … Continue Reading

Both Sides of the Political Disclosure Divide Likely to Latch onto McCutcheon Decision

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.  Groups like the Center for … Continue Reading

Will States Ignore the Supreme Court’s Coming McCutcheon Decision?

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 likewise be tossed aside.  That may … Continue Reading

Will McCutcheon Usher in the Era of Super Joint Fundraising Committees?

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 join together for fundraising events … Continue Reading
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