Supreme Court Justice Brett Kavanaugh voiced worries on Tuesday that the Court’s own past decisions may have undercut the strength of America’s political parties.
His comments came as the Court heard arguments in NRSC v. FEC, a case that could overturn a decades-old ruling on how much money political parties can spend in coordination with candidates running for Congress or the presidency. These coordinated spending limits are designed to stop wealthy donors from dodging caps on direct contributions by routing large sums through political parties, which then spend on behalf of a candidate.
Kavanaugh said he was “concerned” that the Court’s campaign finance rulings over the years have “reduced the power of political parties as compared to outside groups, with negative effects on our constitutional democracy.”
Republicans are asking the Court to strike down the coordinated spending limits, which would allow parties to spend far more on TV ads, voter outreach and other efforts tailored to individual candidates. The case was originally filed against the Federal Election Commission, but because the Trump administration is not defending the existing limits, the Democratic National Committee and a Supreme Court–appointed lawyer will argue in favor of keeping them in place.
