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soliciting by them is facially valid, given the “close
connection and alignment of interests” between national
parties and federal candidates. Id. at 155.
The Court’s discussion of national parties by itself raises
difficulties for the court, especially because the Court already
seemingly has held there is a “close connection and alignment
of interests” between committees like EMILY’s List and
federal candidates.
In Cal-Med, the Court sustained
contribution limits to multicandidate committees. Four
justices adopted the Conference Report’s conclusion that
these committees may “‘appear to be separate entities
pursuing their own ends, but are actually a means for
advancing a candidate’s campaign,’” 453 U.S. at 199 n.18
(plurality opinion) (quoting H.R. Conf. Rep. No. 94-1057, pp.
57–58 (1976)). Justice Blackmun penned a concurring
opinion, but did not disclaim the Conference Report or
disagree with the Court’s ultimate holding. In fact, he
expressly said “contributions to multicandidate committees
may be limited to $5,000 per year as a means of preventing
evasion [of contribution limits],” though he noted in dicta that
his conclusion would be different if the committee “makes
only independent expenditures” and so does not “pose a
perceived threat of actual or potential corruption.” Id. at 203
(opinion of Blackmun, J.) (emphasis added). If Congress can
forbid all allocation and solicitation of soft money by national
parties, how is it unconstitutional to forbid only some
allocation and solicitation of soft money by multicandidate
committees that are also closely aligned with federal
candidates?
The court disputes this reading of Cal-Med, claiming
there are not just two types of political committees (ones that
only make independent expenditures, and all others), but
actually three: (1) those that only make independent