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Supreme Court Could Be About to Let Political Parties Spend Unlimited Money

Thomas Smith
10 Min Read

The Supreme Court will hear a case this term that could significantly change how political parties are allowed to support their candidates.

The National Republican Senatorial Committee (NRSC) is challenging federal limits on coordinated party expenditures, arguing that these caps violate the First Amendment by restricting a party’s ability to assist its nominees.

The Court agreed to hear the case in June and scheduled oral arguments for Tuesday, December 9, 2025.


Why It Matters

The Supreme Court’s decision in NRSC v. FEC could rewrite long-standing rules that govern how political parties fund their candidates, potentially allowing unlimited coordinated spending and weakening one of the last major federal safeguards against corruption.

By asking the Court to strike down limits on party–candidate coordination, the NRSC is seeking a shift that would give national party committees far greater control over campaigns and accelerate the post–Citizens United trend toward campaign-finance deregulation.

The ruling, expected next year, could reshape the flow of money and power in the 2026 and 2028 elections.


What To Know

At the heart of the dispute is whether political parties should be able to spend unlimited amounts of money directly helping their preferred candidates, instead of abiding by current limits meant to curb corruption.

The specific provision under review is 52 U.S.C. § 30116(d), which caps how much a party committee may spend in coordination with a candidate.

In its petition for certiorari [the process by which the U.S. Supreme Court chooses to review a lower-court decision], the NRSC argues that these caps “stand in serious tension with recent First Amendment doctrine,” pointing to the Sixth Circuit’s acknowledgment that the limits may not align with the Supreme Court’s post–Citizens United campaign-finance decisions.

Since Citizens United v. FEC (2010), the Supreme Court has issued a series of rulings that sharply narrow the types of campaign-finance restrictions the government may impose.

The Court has repeatedly held that the only legitimate reason to limit political money is to prevent quid-pro-quo corruption—essentially bribery or something closely resembling it.

The NRSC petition further maintains that only the Supreme Court can decide whether FEC v. Colorado Republican Federal Campaign Committee (2001)—a major decision that upheld federal limits on how much political parties may spend in coordination with their candidates, often referred to as “Colorado II”—still stands on solid constitutional ground.

The federal respondents, in their reply brief, similarly contend that the coordinated-expenditure limit is unconstitutional.

They argue the cap cannot survive the required level of scrutiny because it “does not advance a permissible interest” and blocks parties from engaging in core political expression alongside their nominees.

Public Citizen, in an amicus brief [a legal document filed by someone who is not a party to the case but wants to offer information, expertise, or arguments that might help the court decide the issues] supporting the FEC, warns that eliminating the caps would “facilitate corruption by allowing large individual contributions to party committees to benefit candidates directly.”

The organization argues that wealthy donors could give large sums to party committees with the expectation that coordinated spending would be directed to favored candidates, effectively sidestepping contribution limits.

A coalition of states, led by the District of Columbia, likewise emphasizes that the current system reflects long-standing federal and state approaches to limiting undue influence in elections.

Their brief asserts that coordinated-expenditure caps “properly preserve states’ authority to make individualized judgments about how best to combat political corruption.”

They caution that overturning Colorado II would destabilize many state-level regimes built on similar principles.


The NRSC’s Position

The NRSC contends that modern campaign finance realities undercut the justification for existing limits.

In its briefs, the committee argues that developments since Colorado II—including the rise of outside groups that may spend unlimited amounts—mean that coordinated-expenditure caps “do not advance a permissible interest” and instead burden protected political speech.

The petition stresses that political parties “exist to get [their] candidates elected,” and that restricting coordinated spending interferes with that core purpose.

Several Republican-aligned amici, including 14 states and various political organizations, argue that Colorado II is out of date.

The states’ brief supporting the petitioners maintains that more recent Supreme Court rulings—such as McCutcheon v. FEC, which challenged aggregate limits on how much a donor could give to all candidates, parties and political action committees over a two-year election cycle—have established a different constitutional standard, and that “statutory amendments overtook Colorado II.”


The Bigger Picture

The case comes amid a broader reevaluation of campaign-finance law set off by Citizens United and subsequent decisions.

The dispute is part of “a broader trend of challenges to campaign finance regulations,” and a ruling siding with the NRSC could be “one of the most significant rollbacks of spending limits in decades.”

The Brennan Center for Justice, in its brief supporting respondents, places the case in the context of two decades of judicial decisions that have “diverged from the policy preferences of the American public,” arguing that Congress—not the Court—is better positioned to determine whether coordinated-spending rules remain effective.

Whatever the outcome, NRSC v. FEC is likely to redefine how candidates and their parties interact—and could further remake the landscape of American campaign finance.

In an email to Newsweek, Eric Ruben, associate professor of law at SMU Dedman School of Law and a Brennan Center fellow, warned that striking down coordinated expenditure limits “increases the risk of bribery and corruption,” especially because, after recent legal and legislative changes, “individual donors can now give over $3.1 million to the party of their choice each election cycle.”

Without corresponding limits on what parties themselves may receive, he explained, donors could effectively use parties “to circumvent candidate contribution limits,” dismantling a longstanding safeguard against undue influence.

He noted that the existing system already favors “the largest donors,” and allowing multimillion-dollar checks to be effectively earmarked for specific candidates would only deepen that imbalance, raising “concerns about corruption and undue access and influence.”

He further situated the case within a pattern of Court rulings that have produced “an explosion of dark money,” “serious corruption scandals,” and “cratering public confidence in government,” arguing that these outcomes show “how poorly suited judges are to making decisions about campaign finance regulations” compared with lawmakers who understand the practical realities of campaigns.


What People Are Saying

U.S. Senators Sheldon Whitehouse, Chris Van Hollen, Richard Blumenthal, Adam Schiff, Mazie Hirono and Cory Booker, in a brief filed in support of respondents, directly link the Court’s prior campaign-finance rulings to a surge in special-interest influence, writing: “Judicial decisions weakening campaign finance laws have unleashed unprecedented special interest influence in U.S. elections.”

Public Citizen’s amicus brief in support of intervenor-respondents delivers a similarly stark warning, arguing that striking down the rule would open a direct path for large donors to target particular candidates: “Permitting unlimited party coordinated spending would facilitate corruption by allowing large individual contributions to party committees to benefit candidates directly.”


What Happens Next

The Supreme Court will hear NRSC v. FEC on Tuesday, December 9, 2025. After arguments, the justices will deliberate and issue a ruling by June 2026 that could either preserve or fundamentally change federal limits on how parties coordinate spending with their candidates.

If the Court invalidates the limits, parties could make unlimited coordinated expenditures—expanding national party influence and fueling concerns from critics who warn that large donations would flow more directly to candidates.

If the Court upholds the current rules, the existing anti-corruption framework will remain in place. Either way, the decision will quickly shape how both major parties plan and finance campaigns for the 2026 midterm elections.

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