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Money only measures its depth. The more power is at stake,
the more money will be used to shield, deflect, or co-opt it.
So long as the government can take and redistribute a man’s
livelihood, there will always be money in politics. One man’s
corruption is another man’s political accountability.
But there is a rub. We sit on a lower court and “must
follow the binding Supreme Court precedent” until the Court
itself overrules it. We the People Found., Inc. v. United
States, 485 F.3d 140, 144 (D.C. Cir. 2007). Though we do
not read the court above’s precedent unduly expansively, we
also do not drag our feet: “it is not our role to fight a rearguard action” against the logical implications of the Court’s
cases. United States v. Gardellini, 545 F.3d 1089, 1096 (D.C.
Cir. 2008). Instead, we take its holdings as we find them,
applying them to cover all they fairly address. Stare decisis
means nothing if we only are bound by those cases with
which we already agree. Like it or not, we cannot ignore
Supreme Court precedent.
Modesty is dictated by the difficulty of applying
McConnell’s facial generalizations to real world events. It is
hard to say exactly how contribution limits on hybrid
committees, like EMILY’s List, should be analyzed after
McConnell. McConnell involved a wide-ranging facial
challenge addressing the constitutionality of BCRA. Trying
to extrapolate from that case to this one is risky and reason
enough to avoid the constitutional bog. Suffice it to say that
the Supreme Court majority, the dissenters, and the
commentators all have read McConnell as a maximalist
opinion. See 540 U.S. at 192–93 (“[O]ur decisions in Buckley
and MCFL were specific to the statutory language before us;
they in no way drew a constitutional boundary that forever
fixed the permissible scope of provisions regulating
campaign-related speech.”); id. at 263 (Scalia, J., dissenting)