National Republican Senatorial Committee v. Federal Election Comm’n · ¶19

First, as amicus and intervenors see things, the Vice President no longer faces a credible threat of enforcement if his campaign coordinates with a political party that makes coordinated expenditures above the statutory limits. That is because the Executive Branch has concluded that the political-party coordinated-expenditure limits are unconstitutional; as a result, the Federal Election Commission presumably will no longer enforce the limits. Cf. Susan B. Anthony List v. Driehaus, 573 U. S. 149, 159 (2014).

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