Cite as: 558 U. S. ____ (2010)
65
Opinion of STEVENS, J.
tially interchangeable with direct contributions in their
capacity to generate quid pro quo arrangements. In an
age in which money and television ads are the coin of the
campaign realm, it is hardly surprising that corporations
deployed these ads to curry favor with, and to gain influ
ence over, public officials.
The majority appears to think it decisive that the BCRA
record does not contain “direct examples of votes being
exchanged for . . . expenditures.” Ante, at 45 (internal
quotation marks omitted). It would have been quite re
markable if Congress had created a record detailing such
behavior by its own Members. Proving that a specific vote
was exchanged for a specific expenditure has always been
next to impossible: Elected officials have diverse motiva
tions, and no one will acknowledge that he sold a vote.
Yet, even if “[i]ngratiation and access . . . are not corrup
tion” themselves, ibid., they are necessary prerequisites to
it; they can create both the opportunity for, and the ap
pearance of, quid pro quo arrangements. The influx of
unlimited corporate money into the electoral realm also
creates new opportunities for the mirror image of quid pro
quo deals: threats, both explicit and implicit. Starting
today, corporations with large war chests to deploy on
electioneering may find democratically elected bodies
becoming much more attuned to their interests. The
majority both misreads the facts and draws the wrong
conclusions when it suggests that the BCRA record pro
vides “only scant evidence that independent expenditures
. . . ingratiate,” and that, “in any event,” none of it mat
ters. Ibid.
In her analysis of the record, Judge Kollar-Kotelly
documented the pervasiveness of this ingratiation and
explained its significance under the majority’s own touch
stone for defining the scope of the anticorruption ration
ale, Buckley. See McConnell, 251 F. Supp. 2d, at 555–560,
622–625. Witnesses explained how political parties and