Cite as: 572 U. S. ____ (2014)
23
Opinion of ROBERTS, C. J.
cepting the validity of Buckley’s circumvention theory, it is
hard to see how a candidate today could receive a “massive
amount[ ] of money” that could be traced back to a particular contributor uninhibited by the aggregate limits. Ibid.
The Government offers a series of scenarios in support of
that possibility. But each is sufficiently implausible that
the Government has not carried its burden of demonstrating that the aggregate limits further its anticircumvention
interest.
The primary example of circumvention, in one form or
another, envisions an individual donor who contributes
the maximum amount under the base limits to a particular candidate, say, Representative Smith. Then the donor
also channels “massive amounts of money” to Smith
through a series of contributions to PACs that have stated
their intention to support Smith. See, e.g., Brief for Appellee 35–37; Tr. of Oral Arg. 4, 6.
Various earmarking and antiproliferation rules disarm
this example. Importantly, the donor may not contribute
to the most obvious PACs: those that support only Smith.
See 11 CFR §110.1(h)(1); see also §102.14(a). Nor may the
donor contribute to the slightly less obvious PACs that he
knows will route “a substantial portion” of his contribution
to Smith. §110.1(h)(2).
The donor must instead turn to other PACs that are
likely to give to Smith. When he does so, however, he
discovers that his contribution will be significantly diluted
by all the contributions from others to the same PACs.
After all, the donor cannot give more than $5,000 to a PAC
and so cannot dominate the PAC’s total receipts, as he
could when Buckley was decided. 2 U. S. C. §441a(a)(1)(C).
He cannot retain control over his contribution,
11 CFR §110.1(h)(3), direct his money “in any way” to Smith,
2 U. S. C. §441a(a)(8), or even imply that he would
like his money to be recontributed to Smith, 11 CFR
§110.6(b)(1). His salience as a Smith supporter has been