478
REPUBLICAN FEDERAL CAMPAIGN COMM. Thomas, J., dissenting
that any opportunity for corruption was, "at best, attenuated." 518 U. S., at 616.
Without addressing the District Court's determination or reflecting on this Court's understanding in Colorado I, the Court today asserts that its newfound position is supported by "substantial evidence." The best evidence the Court can come up with, however, is the Democratic Senatorial Campaign Committee's (DSCC) use of the "tally system," which "connect[s] donors to candidates through the accommodation of a party." Ante, at 459. The tally system is not evidence of corruption-by-circumvention. In actuality, the DSCC is not acting as a mere conduit, allowing donors to contribute money in excess of the legal limits. The DSCC instead has allocated money based on a number of factors, including "the financial strength of the campaign," "what [the candidate's] poll numbers looked like," and "who had the best chance of winning or who needed the money most." App. 250-251 (declaration of Robert Hickmott, former Democratic fund-raiser and National Finance Director for Timothy Wirth's Senate campaign); see also App. in No. 99-1211 (CA10), at 430 (statement of Anthony Corrado) ("When parties are deciding whether to spend funds on behalf of a candidate, they chiefly examine the competitiveness of the district or race, the political situation of the incumbent, and the strength of the party contender's candidacy"); id., at 563 (deposition of Donald Bain) (stating that the party generally did not support someone who has a safe seat or is clearly not going to win). As the District Court found, "the primary consideration in allocating funds is which races are marginal—that is, which races are ones where party money could be the difference between winning and losing." 41 F. Supp. 2d, at 1203. "Maintaining party control over seats is paramount to the parties' pursuits." Ibid.; see also App. in No. 99-1211 (CA10), at 483 (stating that primary goal of legislative campaign committees is "to win or maintain control of the chamber and the powers of the majority legislative party"). The
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