4
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Opinion of the Court
sued the Federal Election Commission and its
Commissioners. They claimed that the political-party
coordinated-expenditure
limits
violate
the
First
Amendment.
Plaintiffs argued that political parties
possess a First Amendment right to spend money as they
see fit on political advertising and other campaign
activities—and to do so in coordination with the parties’
candidates.
The en banc U. S. Court of Appeals for the Sixth Circuit
rejected plaintiffs’ challenge and upheld FECA’s politicalparty coordinated-expenditure limits, applying this Court’s
2001 decision in Federal Election Comm’n v. Colorado
Republican Federal Campaign Comm., 533 U. S. 431,
commonly referred to as Colorado II. But in a series of
insightful opinions, a majority of the judges on the Court of
Appeals questioned that precedent in light of more recent
First Amendment decisions of this Court—particularly
McCutcheon v. Federal Election Comm’n, 572 U. S. 185
(2014), and Federal Election Comm’n v. Ted Cruz for
Senate, 596 U. S. 289 (2022). See 117 F. 4th 389, 395 (CA6
2024) (en banc) (Sutton, C. J.); id., at 401 (Thapar, J.,
concurring); id., at 407 (Bush, J., concurring); id., at 447
(Readler, J., dissenting).
This Court granted certiorari to review whether, in the
wake of McCutcheon, Cruz, and other more recent decisions
of this Court, the statutory limits on a political party’s
coordinated expenditures remain consistent with the First
Amendment. 606 U. S. 931 (2025). In this Court, the
United States agrees with plaintiffs that FECA’s limits on
political-party coordinated expenditures are no longer
constitutional. The Democratic National Committee, the
Democratic Senatorial Campaign Committee, and the
Democratic Congressional Campaign Committee are
intervenors and argue that the limits are still
constitutional. In light of the Government’s position, the
Court appointed Roman Martinez as amicus curiae to