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National Republican Senatorial Committee v. Federal Election Comm’n · ¶10

Some 25 years ago in a case known as Colorado II, this Court—over the dissent of JUSTICE THOMAS for four Justices—upheld FECA’s limits on political-party coordinated expenditures. See Federal Election Comm’n v. Colorado Republican Federal Campaign Comm., 533 U. S. 431 (2001). But recently, a group of candidates and political committees filed a new lawsuit and argued that Colorado II is no longer good law (or should be overruled). They point to: the significant changes in this Court’s First Amendment campaign finance jurisprudence since 2001; the enhancements in the other tools available to the Government to prevent circumvention of the contribution limits, especially earmarking and disclosure laws; and the diminished relative power of political parties as compared to outside groups over the last 25 years, which has undermined a key premise of Colorado II. See McCutcheon v. Federal…
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