Federal Election Commission v. Colorado Republican Federal Campaign Committee, 533 U.S. 431, 39 (2001)

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Cite as: 533 U. S. 431 (2001)

Thomas, J., dissenting

Restricting contributions by individuals and political committees may, under Buckley, entail only a "marginal restriction," Buckley, supra, at 20, but the same cannot be said about limitations on political parties.

Political parties and their candidates are "inextricably intertwined" in the conduct of an election. Colorado I, supra, at 630 (Kennedy, J., concurring in judgment and dissenting in part). A party nominates its candidate; a candidate often is identified by party affiliation throughout the election and on the ballot; and a party's public image is largely defined by what its candidates say and do. See, e. g., California Democratic Party v. Jones, 530 U. S. 567, 575 (2000) ("Some political parties—such as President Theodore Roosevelt's Bull Moose Party, the La Follette Progressives of 1924, the Henry Wallace Progressives of 1948, and the George Wallace American Independent Party of 1968—are virtually inseparable from their nominees (and tend not to outlast them"); see also M. Zak, Back to Basics for the Republican Party 1 (2000) (noting that the Republican Party has been identified as the "Party of Lincoln"). Most importantly, a party's success or failure depends in large part on whether its candidates get elected. Because of this unity of interest, it is natural for a party and its candidate to work together and consult with one another during the course of the election. See, e. g., App. 137 (declaration of Herbert E. Alexander, Director of the Citizens' Research Foundation at the University of Southern California). Indeed, "it would be impractical and imprudent . . . for a party to support its own candidates without some form of 'cooperation' or 'consultation.' " See Colorado I, 518 U. S., at 630 (Kennedy, J., concurring in judgment and dissenting in part). "[C]andidates are necessary to make the party's message known and effective, and vice versa." Id., at 629. Thus, the ordinary means for a party to provide support is to make coordinated expenditures, see, e. g., App. 137-138 (declaration of Herbert E. Alexander), as the Government itself maintained just five years ago, see

469

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