Cite as: 572 U. S. ____ (2014)
33
Opinion of ROBERTS, C. J.
explained, “restrictions on direct contributions are preventative, because few if any contributions to candidates will
involve quid pro quo arrangements.” Citizens United, 558
U. S., at 357. The aggregate limits are then layered on
top, ostensibly to prevent circumvention of the base limits.
This “prophylaxis-upon-prophylaxis approach” requires
that we be particularly diligent in scrutinizing the law’s
fit. Wisconsin Right to Life, 551 U. S., at 479 (opinion of
ROBERTS, C. J.); see McConnell, 540 U. S., at 268–269
(opinion of THOMAS, J.).
2
Importantly, there are multiple alternatives available to
Congress that would serve the Government’s anticircumvention interest, while avoiding “unnecessary abridgment”
of First Amendment rights. Buckley, 424 U. S., at 25.
The most obvious might involve targeted restrictions on
transfers among candidates and political committees.
There are currently no such limits on transfers among
party committees and from candidates to party committees. See 2 U. S. C. §441a(a)(4); 11 CFR §113.2(c). Perhaps for that reason, a central concern of the District
Court, the Government, multiple amici curiae, and the
dissent has been the ability of party committees to transfer money freely. If Congress agrees that this is problematic, it might tighten its permissive transfer rules. Doing
so would impose a lesser burden on First Amendment
rights, as compared to aggregate limits that flatly ban
contributions beyond certain levels. And while the Government has not conceded that transfer restrictions would
be a perfect substitute for the aggregate limits, it has
recognized that they would mitigate the risk of circumvention. See Tr. of Oral Arg. 29.
One possible option for restricting transfers would be to
require contributions above the current aggregate limits to
be deposited into segregated, nontransferable accounts
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents