McConnell v. Federal Election Comm'n, 540 U.S. 93, 51 (2003)

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150

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of the Court

the record is to the contrary. The evidence connects soft money to manipulations of the legislative calendar, leading to Congress' failure to enact, among other things, generic drug legislation, tort reform, and tobacco legislation. See, e. g., 251 F. Supp. 2d, at 482 (Kollar-Kotelly, J.); id., at 852 (Leon, J.); App. 390-394 (declaration of Sen. John McCain

¶¶ 5, 8-11 (hereinafter McCain Decl.)); App. 811 (Simpson Decl. ¶ 10) ("Donations from the tobacco industry to Republicans scuttled tobacco legislation, just as contributions from the trial lawyers to Democrats stopped tort reform"); App. 805 (declaration of former Sen. Paul Simon ¶¶ 13-14). To claim that such actions do not change legislative outcomes surely misunderstands the legislative process.

More importantly, plaintiffs conceive of corruption too narrowly. Our cases have firmly established that Congress' legitimate interest extends beyond preventing simple cash-for-votes corruption to curbing "undue influence on an officeholder's judgment, and the appearance of such influence." Colorado II, supra, at 441. Many of the "deeply disturbing examples" of corruption cited by this Court in Buckley, 424 U. S., at 27, to justify FECA's contribution limits were not episodes of vote buying, but evidence that various corporate interests had given substantial donations to gain access to high-level government officials. See Buckley, 519 F. 2d, at 839-840, n. 36; nn. 5-6, supra. Even if that access did not secure actual influence, it certainly gave the "appearance of such influence." Colorado II, supra, at 441; see also 519 F. 2d, at 838.

The record in the present cases is replete with similar examples of national party committees peddling access to federal candidates and officeholders in exchange for large soft-money donations. See 251 F. Supp. 2d, at 492-506 (Kollar-Kotelly, J.). As one former Senator put it:

" 'Special interests who give large amounts of soft money to political parties do in fact achieve their objectives. They do get special access. Sitting Senators

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