National Republican Senatorial Committee v. Federal Election Comm’n · ¶68

Amicus and intervenors also assert that the earmarking rules are often toothless because “violations are essentially impossible to discover and prove.” Brief for Court- Appointed Amicus Curiae 44. But there is no good reason to think that the Government cannot detect a donor who tries to make a disguised large contribution to a particular candidate by funneling it through a contribution to a party. See Reply Brief for Federal Respondents 18–19. Especially given the companion disclosure requirements, those kinds of contributions will be easy enough for the Government to identify and, if warranted, investigate as possible earmarks.

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