McConnell v. Federal Election Comm'n, 540 U.S. 93, 269 (2003)

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

Syllabus

the actual corruption threatened by large financial contributions and the eroding of public confidence in the electoral process through the appearance of corruption." E. g., Federal Election Comm'n v. National Right to Work Comm., 459 U. S. 197, 208. The less rigorous review standard shows proper deference to Congress' ability to weigh competing constitutional interests in an area in which it enjoys particular expertise, and provides it with sufficient room to anticipate and respond to concerns about circumvention of regulations designed to protect the political process' integrity. Finally, because Congress, in its lengthy deliberations leading to BCRA's enactment, properly relied on Buckley and its progeny, stare decisis considerations, buttressed by the respect that the Legislative and Judicial Branches owe one another, provide additional powerful reasons for adhering to the analysis of contribution limits the Court has consistently followed since Buckley. The Court rejects plaintiffs' argument that the type of speech and associational burdens that § 323 imposes are fundamentally different from the burdens that accompanied Buckley's contribution limits. Pp. 134-142. (b) New FECA § 323(a)—which forbids national party committees and their agents to "solicit, receive, . . . direct . . . , or spend any funds, that are not subject to [FECA's] limitations, prohibitions, and reporting requirements," 2 U. S. C. § 441i(a)(1)—does not violate the First Amendment. Pp. 142-161. (1) The governmental interest underlying § 323(a)—preventing the actual or apparent corruption of federal candidates and officeholders—constitutes a sufficiently important interest to justify contribution limits. That interest is not limited to the elimination of quid pro quo, cash-for-votes exchanges, see Buckley, supra, at 28, but extends also to "undue influence on an officeholder's judgment, and the appearance of such influence," Federal Election Comm'n v. Colorado Republican Federal Campaign Comm., 533 U. S. 431, 441 (Colorado II). These interests are sufficient to justify not only contribution limits themselves, but also laws preventing the circumvention of such limits. Id., at 456. While the quantum of empirical evidence needed to satisfy heightened judicial scrutiny of legislative judgments varies with the novelty or plausibility of the justification raised, Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 391, the idea that large contributions to a national party can corrupt or create the appearance of corruption of federal candidates and officeholders is neither novel nor implausible, see, e. g., Buckley, supra, at 38. There is substantial evidence in these cases to support Congress' determination that such contributions of soft money give rise to corruption and the appearance of corruption. For instance, the record is replete with examples of national party commit-

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