20
C
How does McConnell affect the above principles
governing non-profits? McConnell upheld congressionally
imposed limits on political parties receiving or spending soft
money. Some have argued that the Government can similarly
restrict soft-money contributions to and spending by nonprofits. In this case, the District Court accepted that reasoning
in ruling for the FEC; it found non-profits similarly situated to
political parties for purposes of the First Amendment analysis.
In our judgment, however, McConnell does not support
such regulation of non-profits. McConnell affirmed BCRA’s
limits on contributions to political parties because of the close
ties between candidates and parties and the extensive record
evidence of what it deemed a threat of actual or apparent
corruption – specifically, the access to federal officials and
candidates that large soft-money contributors to political
parties received in exchange for their contributions. The
Court said that it was “not unwarranted for Congress to
conclude that the selling of access gives rise to the appearance
of corruption.” McConnell, 540 U.S. at 154. The Court
expressly based its conclusion on the “close relationship
between federal officeholders and the national parties, as well
as the means by which parties have traded on that relationship
. . . .” Id.12
12
See generally McConnell, 540 U.S. at 130 (“both parties
promised and provided special access to candidates and senior
Government officials in exchange for large soft-money
contributions”); id. at 145 (“special relationship and unity of
interest” that candidates and officeholders share with parties); id. at
146 (“The evidence in the record shows that candidates and donors
alike have in fact exploited the soft-money loophole, the former to
increase their prospects of election and the latter to create debt on
the part of officeholders, with the national parties serving as willing