The U.S. Supreme Court appears poised to strike down most of the
remaining limits on massive spending by wealthy donors on political
campaigns. On Tuesday, justices heard arguments in McCutcheon v. Federal
Election Commission, which has been referred to as "the next Citizens
United." Republican leaders and wealthy
GOP
donor Shaun McCutcheon wants the Supreme Court to throw out aggregate
limits on individual contributions in a single two-year cycle, saying
they violate free speech. "If these advocate limitations go down, 500
people will control American democracy. It would be 'government for the
500 people,' not for anybody else — and that’s the risk," says Burt
Neuborne, law professor and founding legal director of the Brennan
Center for Justice at New York University Law School. On Tuesday, Chief
Justice John Roberts indicated he is prepared to strike down caps on
donations to individual candidates, but perhaps not on donations to
political committees. Justice Antonin Scalia appears to be set to back
the lifting of all limits. "The Scalia side says, 'Look, if you're rich,
you’re entitled to have as much influence as you can buy,’" Neuborne
says. "And the Scalia side has won 5-to-4 consistently in recent years."
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