National Republican Senatorial Committee v. Federal Election Comm’n · ¶44

In short, Congress’s original justification for the limits on political-party coordinated expenditures is entirely inadequate under the First Amendment. Cf. Kennedy v. Bremerton School Dist., 597 U. S. 507, 543, n. 8 (2022) (“Government justifications for interfering with First Amendment rights” must not be “hypothesized or invented post hoc in response to litigation” (quotation marks and alterations omitted)).

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