2
MCCUTCHEON v. FEDERAL ELECTION COMM’N
Syllabus
base limits appropriately served the Government’s anticorruption interest, the District Court concluded that the aggregate limits survived First Amendment scrutiny because they prevented evasion of
the base limits.
Held: The judgment is reversed, and the case is remanded.
893 F. Supp. 2d 133, reversed and remanded.
CHIEF JUSTICE ROBERTS, joined by JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE ALITO, concluded that the aggregate limits are invalid under the First Amendment. Pp. 7–40.
(a) Appellants’ substantial First Amendment challenge to the current system of aggregate limits merits plenary consideration. Pp. 7–
14.
(1) In Buckley, this Court evaluated the constitutionality of the
original contribution and expenditure limits in FECA. Buckley distinguished the two types of limits based on the degree to which each
encroaches upon protected First Amendment interests. It subjected
expenditure limits to “the exacting scrutiny applicable to limitations
on core First Amendment rights of political expression.” 424 U. S., at
44–45. But it concluded that contribution limits impose a lesser restraint on political speech and thus applied a lesser but still “rigorous
standard of review,” id., at 29, under which such limits “may be sustained if the State demonstrates a sufficiently important interest and
employs means closely drawn to avoid unnecessary abridgement of
associational freedoms,” id., at 25. Because the Court found that the
primary purpose of FECA—preventing quid pro quo corruption and
its appearance—was a “sufficiently important” governmental interest, id., at 26–27, it upheld the base limit under the “closely drawn”
test, id., at 29. After doing so, the Court devoted only one paragraph
of its 139-page opinion to the aggregate limit then in place under
FECA, noting that the provision “ha[d] not been separately addressed
at length by the parties.” Id., at 38. It concluded that the aggregate
limit served to prevent circumvention of the base limit and was “no
more than a corollary” of that limit. Id., at 38. Pp. 7–9.
(2) There is no need in this case to revisit Buckley’s distinction
between contributions and expenditures and the corresponding distinction in standards of review. Regardless whether strict scrutiny or
the “closely drawn” test applies, the analysis turns on the fit between
the stated governmental objective and the means selected to achieve
that objective. Here, given the substantial mismatch between the
Government’s stated objective and the means selected to achieve it,
the aggregate limits fail even under the “closely drawn” test.
Buckley’s ultimate conclusion about the constitutionality of the aggregate limit in place under FECA does not control here. Buckley
spent just three sentences analyzing that limit, which had not been