6
FEDERAL ELECTION COMM’N v. TED CRUZ FOR SENATE
Opinion of the Court
20 days of the election. But even if such funds were available, the Government’s argument largely misses the point.
For standing purposes, we accept as valid the merits of appellees’ legal claims, so we must assume that the loanrepayment limitation—including the 20-day rule—unconstitutionally burdens speech. See Warth v. Seldin, 422
U. S. 490, 500 (1975) (“standing in no way depends on the
merits of the plaintiff ’s contention that particular conduct
is illegal”). Demanding that the Committee comply with
the Government’s “alternative” would therefore require it
to forgo the exercise of a First Amendment right we must
assume it has—the right to repay its campaign debts in full,
at any time. And this would require the Committee to subject itself to the very framework it says unconstitutionally
burdens its speech. Such a principle finds no support in our
standing jurisprudence. See, e.g., Susan B. Anthony List v.
Driehaus, 573 U. S. 149, 158–159 (2014).
B
The Government next asserts that although appellees
would have standing to challenge the FEC’s implementing
regulation, 11 CFR §116.11, they do not have standing to
challenge Section 304 itself. As a reminder, Section 304
prohibits the use of post-election funds to repay a candidate’s personal loans; it does not restrict the use of funds
raised before the election. See 52 U. S. C. §30116(j). That
restriction comes instead from Section 304’s implementing
regulation, 11 CFR §116.11. This regulation provides that
neither pre-election nor post-election funds may be used to
repay candidate loans above $250,000 outstanding 20 days
after the election. §§116.11(c)(1)–(2). Such amounts must
instead be treated as contributions to the campaign, barring their repayment.
Bearing that in mind, the Government contends that the
record before the District Court reveals that the Committee
used funds raised before the election to repay the first