The U.S. Supreme Court today issued an opinion that is likely to further increase the flow of big money into politics.
In a 5-4 decision, the high court’s conservative-leaning justices struck down aggregate contribution limits to candidates and parties but kept base limits intact.
“The government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse,” Chief Justice John Roberts wrote for the majority in McCutcheon v. Federal Election Commission.
Thus, at the federal level, a donor may still only give no more than $2,600 to a candidate per election, no more than $5,000 per year to a single PAC and no more than $32,400 to a national party committee. But there is no longer a limit on how many candidates, party committees or PACs a single donor can financially support.
The decision is the most important since the Citizens United v. Federal Election Commission case in 2010, which allowed for unlimited corporate and union spending in races, a decision which led to the creation of super PACs — groups that cannot directly contribute to candidates’ campaigns but can spend money on uncoordinated advertisements encouraging people to vote for or against candidates.
“Money in politics may at times seem repugnant to some, but so too does much of what the First Amendment vigorously protects,” Roberts continued. “If the First Amendment protects flag burning, funeral protests and Nazi parades — despite the profound offense such spectacles cause — it surely protects political campaign speech despite popular opposition.”
Roberts was joined in the decision by Justices Samuel Alito, Anthony Kennedy and Antonin Scalia. Justice Clarence Thomas concurred, but he argued the court should go even further.