Cite as: 596 U. S. ____ (2022)
11
KAGAN, J., dissenting
is nothing novel or implausible about Section 304’s rationale—once again, that payments going to line an elected
official’s pockets pose an especial risk of corruption. It is in
fact what everyone knows to be true—because everyone
knows people (including politicians) will often do things for
money. The majority suggests that we should discard our
understanding of how the world works because the Government has not come forward with adjudicated instances of
corruption in the loan-repayment context. See ante, at 15–
16. But quid pro quo exchanges, in that and every other
setting, are nigh-impossible to detect and prove. That is
indeed why we have campaign finance laws like Section
304. They prohibit conduct posing a heightened risk of corruption, so that the Government does not have to ferret out
illicit exchanges case by case by case. To strike down Section 304 because the Government has not proved to a certainty some number of loan-repayments-for-political-paybacks is to miss the provision’s essential point.
In any event, the Government and its amici have marshalled significant evidence showing that the loan repayments Section 304 targets have exactly the dangers Congress thought. See Brief for Appellant 37–40; Brief for
Campaign Legal Center et al. 27–29. Here is a sampling
from the record, involving jurisdictions unprotected by either Section 304 or a state equivalent. In Ohio, various law
firms donated almost $200,000 to help the newly elected attorney general recoup his personal loans. Those donors
later received more than 200 state contracts worth nearly
$10 million in legal fees. See L. Bischoff, Donations Helping DeWine Pay Down Campaign Loan, Springfield NewsSun, Feb. 2, 2012, p. A1. In Alaska, a lobbyist collected almost $100,000 for post-election repayment of the Governor’s personal loans. A business in which he held an interest later received a $9 million state contract. See B. Curry,
Alaska Gov. Sheffield’s Impeachment Inquiry Has Overtones of Watergate Scandal, L. A. Times, July 19, 1985, p.
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