Cite as: 558 U. S. ____ (2010)
71
Opinion of STEVENS, J.
reputable attempt at legislative self-dealing rather than
an earnest effort to facilitate First Amendment values and
safeguard the legitimacy of our political system. This
possibility, the Court apparently believes, licenses it to
run roughshod over Congress’ handiwork.
In my view, we should instead start by acknowledging
that “Congress surely has both wisdom and experience in
these matters that is far superior to ours.” Colorado
Republican Federal Campaign Comm. v. FEC, 518 U. S.
604, 650 (1996) (STEVENS, J., dissenting). Many of our
campaign finance precedents explicitly and forcefully
affirm the propriety of such presumptive deference. See,
e.g., McConnell, 540 U. S., at 158; Beaumont, 539 U. S., at
155–156; NRWC, 459 U. S., at 209–210.
Moreover,
“[j]udicial deference is particularly warranted where, as
here, we deal with a congressional judgment that has
remained essentially unchanged throughout a century of
careful legislative adjustment.” Beaumont, 539 U. S., at
162, n. 9 (internal quotation marks omitted); cf. Shrink
Missouri, 528 U. S., at 391 (“The quantum of empirical
evidence needed to satisfy heightened judicial scrutiny of
legislative judgments will vary up or down with the nov
elty and plausibility of the justification raised”). In Amer
ica, incumbent legislators pass the laws that govern cam
paign finance, just like all other laws. To apply a level of
scrutiny that effectively bars them from regulating elec
tioneering whenever there is the faintest whiff of self
interest, is to deprive them of the ability to regulate
electioneering.
This is not to say that deference would be appropriate if
there were a solid basis for believing that a legislative
action was motivated by the desire to protect incumbents
or that it will degrade the competitiveness of the electoral
process.68 See League of United Latin American Citizens
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68 JUSTICE
BREYER has suggested that we strike the balance as fol