Editorials: The Supreme Court’s Next Big Fight Over Money in Politics | Richard Hasen/The Atlantic
At some point next year, the U.S. Supreme Court is likely to face a major First Amendment question: whether to overturn what remains of the 2002 McCain-Feingold Act. This measure prohibited political parties from raising “soft money”—unlimited funds that wealthy individuals, corporations, and labor unions could give to parties, thanks to a loophole in the post-Watergate campaign-finance laws. Such a ruling would allow political parties once again to take millions of additional dollars from donors who, as the Supreme Court found in 2003, use soft money to ingratiate themselves to election officials and secure access to them. How the Court rules is likely to determine whether the wealthiest donors will have an easier path to secure that access—and whether the rest of the country will suffer as a result. A special three-judge federal district court has been convened in Washington, D.C., to consider the law in light of recent campaign-finance rulings by higher courts. The suit, brought by the Republican Party of Louisiana, is being litigated by Jim Bopp, the attorney who successfully navigated Citizens United and other related cases to the Supreme Court. A key argument in the suit is that cases like Citizens United have called into question the constitutionality of the “soft-money” ban. Chief Justice John Roberts, in the 2014 McCutcheon case, seemed to invite such a challenge, raising the possibility that money given to strengthen parties deserves special First Amendment protection.