Cite as: 609 U. S. ____ (2026)
3
Syllabus
circumvention—in particular, earmarking and disclosure laws.
With respect to earmarking laws: FECA treats an individual’s contributions to a party that are “in any way earmarked or otherwise directed through an intermediary or conduit” to a federal candidate “as
contributions from such person to such candidate”—and thus subject
to the limits on contributions to candidates. 52 U. S. C. §30116(a)(8).
In McCutcheon, the Court explained that such earmarking rules constitute a targeted and constitutionally permissible way for the Government to prohibit circumvention of the base limits on contributions to
candidates. 572 U. S., at 222–223. As JUSTICE THOMAS has explained:
“Vigilant enforcement” of the earmarking rules is a more “precise response” by the Government to any “circumvention concerns.” Colorado
II, 533 U. S., at 481 (dissenting opinion).
With respect to disclosure laws: FECA requires that political parties
and candidates publicly disclose both the contributions they receive
and their spending on campaign activities, including on coordinated
expenditures. §30104(b). As the Court emphasized in McCutcheon,
disclosure has become a much stronger anti-circumvention tool over
time because of “modern technology,” especially the Internet. 572
U. S., at 224.
Importantly, it is the combination of the base contribution limits
plus the earmarking rules plus the disclosure requirements together
that serve the Government’s anti-circumvention interests here—without unduly restricting core political party speech. Given the meaningful prophylactic measures available to combat quid pro quo corruption
or its appearance, the Court concludes that the political-party coordinated-expenditure limits at issue here are “disproportionate” and are
not “necessary” and “narrowly tailored” for the circumvention interest.
Id., at 199, 218, 220 (quotation marks omitted); Cruz, 596 U. S., at 306.
Pp. 10–21.
(c) Amicus and intervenors contend that the Court should adhere to
Colorado II as a matter of stare decisis, but Colorado II ’s reasoning
has been rejected by the Court’s more recent precedents and is no
longer good law. To the extent that Colorado II has retained any vitality, it is now overruled. Pp. 21–26.
117 F. 4th 389, reversed and remanded.
KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and THOMAS, ALITO, GORSUCH, and BARRETT, JJ., joined. KAGAN,
J., filed a dissenting opinion, in which SOTOMAYOR and JACKSON, JJ.,
joined.