National Republican Senatorial Committee v. Federal Election Comm’n · ¶134
And third, the asserted factual change: the majority laments that “political parties’ relative power has substantially diminished in comparison” to “Super PACs and other outside groups” that can “receive and spend unlimited money” on political campaigns. Ante, at 24–25; see ibid. (“Colorado II contributed in part to that shift”). But surely, that one is rich. If one is overruling—or just reversing— decisions on that ground, I can think of a couple of more obvious ones—that is, the ones that created the modern Super PAC system, and thus the complained-of imbalance. See Citizens United, 558 U. S. 310; SpeechNow.org v. Federal Election Comm’n, 599 F. 3d 686 (CADC 2010) (en banc). In any event, the majority’s new equilibrium theory—overrule Colorado II to restore the parties’ proper role in American politics—is, shall we say, seat-of-the-pants. I suspect it will not be difficult in a decade…Read in context ›
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