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On Tuesday, October 8, the Supreme Court heard argument in McCutcheon v. FEC on the constitutionality of limits on the aggregate amount of contributions individuals can make to candidates, political committees and PACs. While not challenging the limits on contributions to individual candidates or committees, the case questions whether overarching limits on the contributor, even when each recipient receives no more than the individual limit, continue to serve any valid purpose where changes in campaign finance rules have undermined the original justification for such aggregate limits. Whether a broad array of limited contributions to candidates and parties poses similar risks of corruption as large contributions to individual candidates will be one of the issues the court will confront.
- Mr. Erik Jaffe, Appellate Attorney and Chairman of the Federalist Society’s Free Speech and Election Law Practice Group