Federal Election Commission v. Colorado Republican Federal Campaign Committee, 533 U.S. 431, 43 (2001)

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

Thomas, J., dissenting

a "30-year" rule rather than the possible countervailing "200-year" rule. For nearly 200 years, this country had congressional elections without limitations on coordinated expenditures by political parties. Nowhere does the Court suggest that these elections were not "functional," ante, at 449, or that they were marred by corruption.

The Court's only other response to the argument that parties are linked to candidates and that breaking this link would impose significant costs on speech is no response at all. The Court contends that parties are not organized simply to "elec[t] particular candidates" as evidenced by the fact that many political action committees donate money to both parties and sometimes even opposing candidates. Ante, at 451. According to the Court, "[p]arties are thus necessarily the instruments of some contributors whose object is not to support the party's message or to elect party candidates across the board." Ante, at 451-452. There are two flaws in the Court's analysis. First, no one argues that a party's role is merely to get particular candidates elected. Surely, among other reasons, parties also exist to develop and promote a platform. See, e. g., Brief for Respondent 23. The point is simply that parties and candidates have shared interests, that it is natural for them to work together, and that breaking the connection between parties and their candidates inhibits the promotion of the party's message. Second, the mere fact that some donors contribute to both parties and their candidates does not necessarily imply that the donors control the parties or their candidates. It certainly does not mean that the parties are mere "instruments" or "agents," ante, at 452, of the donors. Indeed, if a party receives money from donors on both sides of an issue, how can it be a tool of both donors? If the Green Party were to receive a donation from an industry that pollutes, would the Green Party necessarily become, through no choice of its own, an instrument of the polluters? The Court proffers no evidence that parties have become pawns of wealthy contrib-

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