2
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Syllabus
parties in coordination with candidates. Pp. 6–21.
(1) FECA limits political-party coordinated expenditures. FECA’s
limits impair the party’s traditional forms of communication such as
advertisements; preclude parties from amplifying the voice of their adherents; impose additional monetary costs and burdens on political
parties; and inflict a “stifling effect on the ability of the party to do
what it exists to do.” Colorado Republican Federal Campaign Comm.
v. Federal Election Comm’n, 518 U. S. 604, 630 (opinion of Kennedy,
J.). Pp. 7–8.
(2) Statutory limits on contributions to candidates or parties are
subject to “closely drawn” scrutiny. McCutcheon v. Federal Election
Comm’n, 572 U. S. 185, 197 (plurality opinion). To satisfy that standard, a regulation may not be “disproportionate” and must be “necessary” and “narrowly tailored” to its asserted goal. Id., at 199, 218, 220;
Federal Election Comm’n v. Ted Cruz for Senate, 596 U. S. 289, 306.
The Court must assess: (i) the Government’s asserted interests in imposing the limits at issue and (ii) the fit between the limits and the
Government’s asserted interests. McCutcheon, 572 U. S., at 199.; see
also Cruz, 596 U. S., at 305. The political-party coordinated-expenditure limits fail to satisfy the closely drawn test. Pp. 8–10.
(3) To analyze FECA’s limits on political-party coordinated expenditures, the Court must first assess the asserted governmental interests
justifying those limits. The Court’s precedents recognize only one constitutionally permissible government objective for campaign finance
restrictions: “preventing corruption or the appearance of corruption.”
McCutcheon, 572 U. S., at 206–207. And “Congress may target only a
specific type of corruption—‘quid pro quo’ corruption.” Id., at 207. Particularly relevant here, this Court has recognized the risk of quid pro
quo corruption or its appearance when a donor’s contributions to a political party are earmarked—that is, “are directed, in some manner, to
a candidate or officeholder.” Id., at 211 (quotation marks omitted).
Ultimately, the First Amendment question in this case boils down to
whether FECA’s limits on political-party coordinated expenditures are
permissible in order to prevent circumvention of the base limits on contributions to candidates through earmarked contributions to parties.
In Colorado II, this Court said that they were. 533 U. S., at 462–463.
But Colorado II applied deferential scrutiny to Congress’s politicalparty coordinated-expenditure limits. Id., at 463, n. 26, 465. Since
Colorado II, however, the Court has emphasized that under the closely
drawn test, judicial review must be “rigorous.” McCutcheon, 572 U. S.,
at 197. Under that more demanding standard, the Court agrees with
petitioners that the political-party coordinated-expenditure limits are
not proportionate, necessary, and narrowly tailored given the other
less-speech-restrictive tools available to the Government to prevent