24
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Opinion of the Court
must be “necessary” and “narrowly tailored” to the asserted
interest. See McCutcheon v. Federal Election Comm’n, 572
U. S. 185, 199, 218, 220 (2014) (quotation marks omitted);
Federal Election Comm’n v. Ted Cruz for Senate, 596 U. S.
289, 306 (2022).
The Court, moreover, has repudiated the undue influence
rationale relied on in Colorado II. See McCutcheon, 572
U. S., at 207–208. And after Colorado II, this Court has
identified earmarking and disclosure laws as sufficient to
prevent circumvention. See 572 U. S., at 221–224.
Still further, Colorado II’s description of the relationship
between political parties and candidates has not held up.
Colorado II stated that parties are not “in a unique
position” to candidates. 533 U. S., at 455. But as the Court
subsequently recognized, only parties “select slates of
candidates,” and “party affiliation is the primary way by
which voters identify candidates.” McConnell v. Federal
Election Comm’n, 540 U. S. 93, 188 (2003). Political parties
therefore do occupy a unique position with “a special
relationship and unity of interest” with candidates. Id., at
145.
Turning to the effects of Colorado II: That decision rested
in part on an apparent concern that political parties
otherwise could exercise outsized influence in political
campaigns and elections—in particular that parties “act as
agents for spending on behalf of those who seek to produce
obligated officeholders.” 533 U. S., at 452. Colorado II
opined that “parties’ capacity to concentrate power to elect
is the very capacity that apparently opens them to
exploitation as channels for circumventing contribution
and coordinated spending limits binding on other political
players.” Id., at 455.
But since 2001, political parties’ relative power has
substantially diminished in comparison to outside groups.
Colorado II contributed in part to that shift: The politicalparty coordinated-expenditure limits impose a “stifling