Cite as: 609 U. S. ____ (2026)
9
KAGAN, J., dissenting
day.3 See §30116(a)(4) (authorizing unlimited transfers between state and national committees of a political party).
The upshot is that most of a big donor’s $550,000 check to
the John Smith Victory Fund soon ends up in the national
party committee’s hands. Then the key question becomes:
What can the party do with that money?
Before today, the answer was: Many things, but very little to pay John Smith’s campaign bills. Campaign finance
law limits to a bare minimum ($5,000 per election) the
amount a party can simply give to a candidate, so direct
transfers are not an option. See §30116(a)(2). Similarly,
the caps on coordinated expenditures are set so low in comparison with a campaign’s total expenses as to make that
spending stream inconsequential. See supra, at 7; Brief for
Federal Respondents 21 (noting, for example, that partycoordinated expenditures in House races have never exceeded 1% of total campaign spending). That means the
overwhelming majority of the contributions the John Smith
Victory Fund collects—again, before today’s decision—will
go to party spending that only incidentally (even if meaningfully) benefits the candidate. The money may be spent,
for example, on improving get-out-the-vote operations; covering the party’s administrative costs; or supporting down——————
3 See, e.g., Levine, Soft Money Is Back (“[S]tate Republican parties
transferred nearly every dollar they received from the Trump Victory
Committee to the RNC”); K. Vogel & I. Arnsdorf, Clinton Fundraising
Leaves Little for State Parties, Politico, May 2, 2016 (The vast majority
of the millions that the Hillary Victory Fund gave state parties was
“quickly transferred to the DNC, usually within a day or two”); K. EversHillstrom, Trump Raised Record Money for State Parties, Then His RNC
Took It Back, OpenSecrets, Feb. 24, 2021 (“On Oct. 15, the Alaska Republican Party received nearly $2.7 million from Trump Victory. The
same day, it transferred the exact same sum back to the RNC”); ibid.
(“The Nebraska Democratic Party transferred $4.3 million to the DNC
on Oct. 22, one day after it received the exact same total from the Biden
Victory Fund”); ibid. (“Dozens of state parties in deep red or blue states
employed the exact same strategy”).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents