National Republican Senatorial Committee v. Federal Election Comm’n · ¶59

To begin, Colorado II applied deferential scrutiny to Congress’s political-party coordinated-expenditure limits as a means to prevent circumvention. The Court’s opinion made no mention of “narrow tailoring” and never suggested that the restriction must be considered “necessary” and not “disproportionate” for the anti-circumvention interest. On the contrary, the Court stated, for example, that Congress was “entitled to its choice” among alternatives and that the Court would not “throw out” the limits for “unskillful tailoring.” Id., at 463, n. 26, 465. Since Colorado II, the Court has sung a much different tune. The Court has emphasized that, even under the closely drawn test, judicial review must be “rigorous.” Restrictions on campaign finance cannot be “disproportionate” and must be “necessary” and “narrowly tailored” to serve the Government’s asserted interest. McCutcheon, 572 U. S.,…

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.