Cite as: 609 U. S. ____ (2026)
15
Opinion of the Court
candidates via large contributions to parties that are
earmarked (i.e., directed) to a candidate?
In Colorado II, this Court said that the limits were
permissible. 533 U. S., at 462–465. Plaintiffs counter that
there have been substantial changes since 2001 in the
Court’s First Amendment jurisprudence and in the other
less-speech-restrictive tools available to the Government to
prevent circumvention via earmarking, including
earmarking and disclosure laws. And in light of those
developments, plaintiffs say that the political-party
coordinated-expenditure limits are now unconstitutional.
To begin, Colorado II applied deferential scrutiny to
Congress’s political-party coordinated-expenditure limits
as a means to prevent circumvention. The Court’s opinion
made no mention of “narrow tailoring” and never suggested
that the restriction must be considered “necessary” and not
“disproportionate” for the anti-circumvention interest. On
the contrary, the Court stated, for example, that Congress
was “entitled to its choice” among alternatives and that the
Court would not “throw out” the limits for “unskillful
tailoring.” Id., at 463, n. 26, 465.
Since Colorado II, the Court has sung a much different
tune. The Court has emphasized that, even under the
closely drawn test, judicial review must be “rigorous.”
Restrictions
on
campaign
finance
cannot
be
“disproportionate” and must be “necessary” and “narrowly
tailored” to serve the Government’s asserted interest.
McCutcheon, 572 U. S., at 199 (law must avoid
“unnecessary” abridgment of speech to survive “rigorous”
review (quotation marks omitted)); id., at 218 (law must be
“narrowly tailored” to meet the objective (quotation marks
omitted)); id., at 220 (law cannot be “disproportionate to the
Government’s interest”); Cruz, 596 U. S., at 306 (law must
be “necessary for the interest it seeks to protect”).
Under those more demanding standards, plaintiffs say
that the political-party coordinated-expenditure limits are