Cite as: 609 U. S. ____ (2026)
23
Opinion of the Court
of the Court); id., at 120–123 (opinion of KAVANAUGH, J.).
A prior decision may have been “egregiously wrong when
decided” or “may be unmasked as egregiously wrong based
on later legal or factual understandings or developments.”
Id., at 122.
Starting here with the asserted egregiousness of the
error: In Colorado II, JUSTICE THOMAS dissented, joined by
Chief Justice Rehnquist, Justice Scalia, and Justice
Kennedy. He explained that “the ordinary means for a
party to provide support is to make coordinated
expenditures.” Federal Election Comm’n v. Colorado
Republican Federal Campaign Comm., 533 U. S. 431, 469
(2001). He added “that parties and candidates have shared
interests, that it is natural for them to work together, and
that breaking the connection between parties and their
candidates inhibits the promotion of the party’s message.”
Id., at 473. JUSTICE THOMAS further noted that the Court
had “never upheld an expenditure limitation against
political parties.” Id., at 475. And critically, he reasoned
that there “are better tailored alternatives for addressing”
the Government’s interests, including earmarking rules
that prohibit contributions to parties that are earmarked to
support particular candidates. Id., at 481. “Instead of
broadly restricting political parties’ speech, the
Government should have pursued better-tailored
alternatives for combating the alleged corruption.” Id., at
482.
JUSTICE THOMAS’s Colorado II dissent was persuasive in
2001 and has since been amply vindicated by this Court’s
subsequent precedents. To briefly reiterate some of those
post-2001 developments:
The Court no longer employs Colorado II’s watered-down
scrutiny that allowed “unskillful tailoring” in the First
Amendment campaign-finance context. 533 U. S., at 463,
n. 26. The Court now applies a stricter form of scrutiny: A
statutory restriction may not be “disproportionate” and