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Policy & Law

Supreme Court Strikes Down Coordinated Expenditure Limits Between Parties and Candidates in 6–3 Ruling

The decision overrules a 2001 precedent and allows parties to coordinate spending with their own nominees, citing First Amendment protections for political speech.

Ted Cruz — Ted Cruz, official portrait, 113th Congress (croppedv4)
Photo: Frank Fey (U.S. Senate Photographic Studio) (Public domain) via Wikimedia Commons
⚡ The Bottom Line

The ruling resolves a circuit split that had created inconsistent application of campaign finance law across different regions of the country. Courts had questioned Colorado II's continued validity following subsequent decisions in McCutcheon v. FEC (2014) and FEC v. Ted Cruz for Senate (2022), but felt bound by the older precedent until Tuesday's ruling. The decision does not affect base contr...

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The Supreme Court ruled Tuesday that federal limits on coordinated expenditures between political parties and their candidates are unconstitutional, striking down restrictions that had been in place for more than two decades. The 6–3 decision in National Republican Senatorial Committee v. Federal Election Commission marks the court's latest intervention in campaign finance law, overruling a 2001 precedent that had upheld similar restrictions.

Justice Brett Kavanaugh wrote the majority opinion, joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett. The three dissenting justices—Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan—did not issue a separate dissent in the case as of Tuesday afternoon.

The case centered on whether political parties could spend money to support their own nominees without those expenditures counting against contribution limits. The court concluded that such coordination is protected speech under the First Amendment and that the government had not demonstrated a sufficient interest to justify the restriction.

What the Right Is Saying

Conservative legal advocates celebrated the ruling as a restoration of First Amendment principles. The Institute for Justice, which filed an amicus brief in the case, called it 'a victory for political speech and association.' Jonathan Hull, counsel for the Republican National Committee, said the decision 'recognizes what practitioners have always understood: parties exist to elect candidates, and they should not be penalized for doing so.'

Justice Thomas's concurring opinion revisited his dissent from the 2001 Colorado II case that this ruling overrules. He wrote then that 'the ordinary means for a party to provide support is to make coordinated expenditures' and that restricting such coordination 'inhibits the promotion of the party's message.' The majority adopted much of that reasoning in Tuesday's decision.

Former FEC Chairman Bradley Smith, who served as a Republican appointee, argued that previous restrictions created perverse incentives. 'The old rules pushed money away from transparent party committees toward opaque outside groups,' Smith said. 'This ruling brings coordination back into the light where voters can see it through mandatory disclosure reports.'

What the Left Is Saying

Democratic lawmakers and good-government advocates criticized the ruling as another expansion of money's influence in politics. Senator Sheldon Whitehouse of Rhode Island, a frequent critic of the court's campaign finance jurisprudence, said the decision 'further tilts the political scales toward those with the deepest pockets.' The Democratic Senatorial Campaign Committee did not immediately issue a statement on the ruling.

Advocacy groups including Common Cause and the Brennan Center for Justice argued that coordinated party spending creates additional avenues for wealthy donors to circumvent existing contribution limits. Under current law, individuals can give no more than $3,400 per election to any candidate, but parties have historically served as pass-throughs for larger contributions. 'This ruling opens a new channel for money to flow from mega-donors directly into coordinated party operations,' said campaign finance expert Tara Malloy of the Campaign Legal Center.

Former FEC Chairman Karl Sandstrom, who served under Democratic administrations, noted that the decision could alter the balance between party committees and outside groups like Super PACs. 'Parties already have structural advantages in ballot access, voter contact, and volunteer networks,' Sandstrom said. 'Removing these coordination limits adds a financial advantage on top of those existing benefits.'

What the Numbers Show

Federal Election Commission data shows significant shifts in campaign spending over recent election cycles. In the 2024 cycle, political action committees raised approximately $15.7 billion, while national party committees raised approximately $2.7 billion—a ratio of nearly six to one.

Party committee fundraising has declined as a share of total political spending since the rise of Super PACs following the 2010 Citizens United decision. In the 2008 cycle, parties raised roughly comparable amounts to PACs; by 2024, outside groups dramatically outpaced party committees in total receipts.

Disclosure requirements remain substantial under existing law. Parties must file regular reports with the FEC identifying donors who contribute more than $200 per cycle. Coordinated expenditures for television advertising, mailings, and digital content are reported separately and are subject to audit.

The Bottom Line

The ruling resolves a circuit split that had created inconsistent application of campaign finance law across different regions of the country. Courts had questioned Colorado II's continued validity following subsequent decisions in McCutcheon v. FEC (2014) and FEC v. Ted Cruz for Senate (2022), but felt bound by the older precedent until Tuesday's ruling.

The decision does not affect base contribution limits to candidates or disclosure requirements. The court emphasized that existing earmarking rules—treating directed contributions as direct donations—and reporting obligations provide sufficient safeguards against circumvention of individual giving caps.

Legal observers expect challenges to other aspects of campaign finance law in coming terms, though the court's majority has shown reluctance to broadly revisit contribution limits themselves. The ruling takes effect immediately unless parties seek a delay from the FEC for administrative implementation.

Sources