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National Republican Senatorial Committee v. Federal Election Comm’n · ¶90

But since 2001, political parties’ relative power has substantially diminished in comparison to outside groups. Colorado II contributed in part to that shift: The political- party coordinated-expenditure limits impose a “stifling effect on the ability of the party to do what it exists to do.” Colorado Republican Federal Campaign Comm. v. Federal Election Comm’n, 518 U. S. 604, 630 (1996) (Colorado I) (opinion of Kennedy, J.); see R. Pildes, Romanticizing Democracy, Political Fragmentation, and the Decline of American Government, 124 Yale L. J. 804, 838–839 (2014). Meanwhile, donors can and do send their funds to Super PACs and other outside groups that have a First Amendment right to receive and spend unlimited money to support their independent political speech. See SpeechNow.org v. Federal Election Comm’n, 599 F. 3d 686 (CADC 2010) (en banc); see also Emily’s List v. Federal Election…
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