26
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Opinion of the Court
commands adherence to an egregiously wrong precedent.
More speech is generally better than less speech.
The bottom line: Colorado II’s reasoning has been
rejected by subsequent cases and is no longer good law in
light of the Court’s more recent precedents. To the extent
that Colorado II has retained any vitality, it is now
overruled.6
V
In response to the thoughtful dissent, two main points:
First, debates over the First Amendment and campaign
finance have arisen often over the last 50 years. We
recognize that at least two of the dissenters have not agreed
with some of the Court’s decisions in that area. See, e.g.,
Federal Election Comm’n v. Ted Cruz for Senate, 596 U. S.
289, 314 (2022) (KAGAN, J., dissenting); McCutcheon v.
Federal Election Comm’n, 572 U. S. 185, 232 (2014) (Breyer,
J., dissenting); Citizens United v. Federal Election Comm’n,
558 U. S. 310, 393 (2010) (Stevens, J., concurring in part
and dissenting in part). Today, we have endeavored to
follow the principles laid down in the Court’s decisions. In
doing so, moreover, we have concluded that Colorado II is
(in our view) an outlier that is not consistent with those
precedents. See 533 U. S. 431 (2001).
The dissent focuses, in particular, on the operations of
joint fundraising committees—the apparent concern being
that a donor could write a large check to a joint committee
that would then be funneled to the candidate. See post, at
7–12, 15–18 (opinion of KAGAN, J.). But McCutcheon
rejected a similar circumvention argument, and its
——————
6 To be clear, the Court’s decision does not address the statutory limits
on coordinated expenditures by outside groups. As the Government
explained at oral argument, political parties possess an especially strong
First Amendment interest in working together with their candidates and
making expenditures on political speech in coordination with their
candidates. See Tr. of Oral Arg. 65–66.
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