Supreme Court issues opinion in National Republican Senatorial Committee, et al. v. FEC, et al.

WASHINGTON – Today, the U.S. Supreme Court issued an Opinion in National Republican Senatorial Committee, et al. v. FEC, et al. (Case No. 24-621), holding that the coordinated party expenditure limitations of the Federal Election Campaign Act of 1971, as amended (the Act), violate the First Amendment.

The Act’s coordinated party expenditures limits are codified at 52 U.S.C. § 30116(d) and provide that certain political party committees may make special expenditures in coordination with the general election campaigns of federal candidates, subject to specific amount limitations.

Today’s Supreme Court majority opinion stated “[i]n light of other meaningful prophylactic measures available to the Government, and given the severe infringement on First Amendment-protected political speech that ensues from limiting a political party’s spending in support of its candidates, we conclude that the political-party coordinated-expenditure limits are ‘disproportionate’ and are not ‘necessary’ and ‘narrowly tailored’ for the circumvention interest it seeks to protect.” The Court identified earmarking and disclosure requirements as the other meaningful prophylactic measures.

The complete litigation history of this matter is available on the Commission’s website here.