McConnell v. Federal Election Comm'n, 540 U.S. 93, 256 (2003)

Page:   Index   Previous  249  250  251  252  253  254  255  256  257  258  259  260  261  262  263  Next

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

Rehnquist, C. J., dissenting

185, it must defer to the " 'predictive judgments of Congress,' " ante, at 165 (quoting Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 665 (1994) (plurality opinion)).

Yet the Court cannot truly mean what it says. Newspaper editorials and political talk shows benefit federal candidates and officeholders every bit as much as a generic voter registration drive conducted by a state party; there is little doubt that the endorsement of a major newspaper affects federal elections, and federal candidates and officeholders are surely "grateful," ante, at 168, for positive media coverage. I doubt, however, the Court would seriously contend that we must defer to Congress' judgment if it chose to reduce the influence of political endorsements in federal elections.3 See Miami Herald Publishing Co. v. Tornillo, 418 U. S. 241, 247, 250 (1974) (holding unconstitutional a state law that required newspapers to provide "right to reply" to any candidate who was personally or professionally assailed in order to eliminate the "abuses of bias and manipulative reportage" by the press).

It is also true that any circumvention rationale ultimately must rest on the circumvention itself leading to the corruption of federal candidates and officeholders. See Buckley, supra, at 38 (upholding restrictions on funds donated to nano less likely that Congress would create rules that favor its Members' reelection chances, than be corrupted by the influx of money to its political parties, which may in turn be used to fund a portion of the Members' reelection campaigns.

3 The Court's suggestion that the "close relationship" between federal officeholders and state and local political parties in some way excludes the media from its rationale is unconvincing, see ante, at 285, n. 16 (Thomas, J., concurring in part, concurring in result in part, and dissenting in part), particularly because such a relationship may be proved with minimal evidence. Indeed, although the Court concludes that local political parties have a "close relationship" with federal candidates, thus warranting greater congressional regulation, I am unaware of any evidence in the record that indicates that local political parties have any relationship with federal candidates.

355

Page:   Index   Previous  249  250  251  252  253  254  255  256  257  258  259  260  261  262  263  Next

Last modified: October 4, 2007