Amid other major decisions last Tuesday, the Supreme Court ruled in NRSC v. FEC that parts of the Federal Election Campaign Act, which limited the amount of money political parties could spend in coordination with a candidate running for public office, violated the First Amendment’s protection of freedom of speech.
While past rulings from the Supreme Court regarding campaign finance have weakened American democracy, this ruling likely will strengthen it.
American parties have their own set of weaknesses. One source of weakness is primary elections, which are unique to the U.S. The leadership of American parties have little influence over which candidate will be chosen to represent the party in an election. As a result, candidates can end up running under a party label even if they defy a party’s platform or leadership.
Another source of weakness is campaign finance law. Until this ruling, parties were disadvantaged in spending compared to nearly every other type of organization involved in campaign financing. The limit on parties’ spending in coordination with a candidate — to promote them or attack another candidate — weakened them and their leadership by giving them less influence on who becomes or remains a contender for their party.
Under the previous limits, money from donors often went to super PACs and similar organizations that can raise unlimited amounts from individuals and spend unlimited amounts on candidates. When money is blocked from going to one source, it still ends up flowing to another.
Super PACs and similar organizations often advocate for a specific stance on a political issue or a particular interest group. In contrast, parties try to build policy platforms that are for the benefit of all — or at least a majority — of the population.
Limits on party spending that redirect money towards super PAC-like organizations make politicians more dependent on spending from narrower slices of American society, and therefore less likely to implement policy that represents the interests of broader swaths of the population.
Removing the limit on party spending will likely mean money is directed away from super PACs. Super PACs alone accounted for about 16% of spending in the 2016 federal elections. Their impact was likely more than that percentage would suggest, because their spending was focused on the most competitive races. Parties can now reduce the impact of super PACs by acting as a more enticing organization to which to donate money.
While both major parties may be quite unpopular at the moment, it is important to recognize that they normally play important roles in maintaining the health of democracy by bundling voters’ policy preferences together. For example, voters may want better social services, but they should balance that against the cost of higher taxes.
Additionally, parties vet candidates who will run under the same party label. When they cannot do this effectively, they often end up running worse, scandal-ridden contenders.
Take the current race for Senate in Maine, for example. Democratic Senate Minority Leader Chuck Schumer initially supported Governor Janet Mills for the party’s nomination, before she suspended her campaign for lack of funds. Democratic primary voters then nominated Graham Platner, who has faced allegations of sexual misconduct. Since Democratic leadership was forced to pivot, the doors opened and scandal scurried in.
The ruling in NRSC v. FEC helps prevent situations like the one in Maine because it gives parties more influence over choosing their candidates and avoiding bad ones. A party could spend money to support the leadership’s preferred candidate in a primary. Had the Democratic Party not been limited in coordinating spending with a different candidate, it is possible Mills could have continued her campaign, or another candidate could have been a stronger contender against Platner.
American parties are already weak. This recent ruling from the Supreme Court will help strengthen parties, even if only a little bit. By removing the disadvantaged parties held against super PACs, it strengthens them in influencing who will be their candidates. It is the right step towards making American democracy work for the benefit of the many.
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