Jeffrey Toobin says the Supreme Court may soon strike down campaign finance limits.
“The reason the contribution levels might be in jeopardy rests on the rationale the Justices now demand for all campaign-finance limits. According to Justice Anthony M. Kennedy’s opinion in Citizens United, the government’s interest in preventing the actuality and appearance of corruption is ‘limited to quid pro quo corruption.’ Congress can regulate campaign contributions only to stop contributors from demanding, and receiving, quid pro quos. The Court forbids other justifications for contribution limits–like levelling the playing field. Quid pro quos are, of course, very difficult to prove. So unless the government can prove that the limits on aggregate contributions prevent quid-pro-quo corruption (and how, really, can the government do that?), these rules might fall, too.”
“Such an outcome is especially likely because the current Court has such an exalted idea of the importance of campaign contributions as a form of individual expression. In other words, money equals speech. The speech of wealthy people is a source of particular, almost poignant concern.”Save to Favorites