McConnell v. Federal Election Comm'n, 540 U.S. 93, 172 (2003)

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Cite as: 540 U. S. 93 (2003)

Opinion of Thomas, J.

Neither do the Simpson or Simon declarations, with perhaps one exception effectively addressed by Justice Kennedy's opinion.4 See post, at 301-303. In fact, the findings by two of the District Court's judges confirm that the evidence of any quid pro quo corruption is exceedingly weak, if not nonexistent. See 251 F. Supp. 2d 176, 349-352 (DC 2003) (Henderson, J., concurring in judgment in part and dissenting in part); id., at 851-853 (Leon, J.). The evidence cited by the joint opinion is properly described as, "at best, [the Members of Congress'] personal conjecture regarding the impact of soft money donations on the voting practices of their present and former colleagues." Id., at 852 (Leon, J.).

The joint opinion also places a substantial amount of weight on the fact that "in 1996 and 2000, more than half of the top 50 soft-money donors gave substantial sums to both major national parties," and suggests that this fact "leav[es] room for no other conclusion but that these donors were seeking influence, or avoiding retaliation, rather than promoting any particular ideology." Ante, at 148 (emphasis in original). But that is not necessarily the case. The two major parties are not perfect ideological opposites, and supporters or opponents of certain policies or ideas might find substantial overlap between the two parties. If donors feel that both major parties are in general agreement over an issue of importance to them, it is unremarkable that such

¶10) (noting Democratic "parliamentary procedural device" used to block one of Senator McCain's proposed amendments to the Sarbanes-Oxley corporate governance bill). The possibility that his favored policy outcomes lost due to lack of public support, or because the opponents of the amendment honestly believed it would do harm to the public, does not appear to be addressed.

4 Former Senators Simpson and Simon both seem to have the same response as Senator McCain, see n. 3, supra, in having their favored interests voted down, and similarly do not consider alternative explanations for the failure of their proposals. See App. 811, ¶ 11 (declaration of former Sen. Alan Simpson ¶11); id., at 805, ¶14 (declaration of former Sen. Paul Simon ¶14).

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