What SCOTUS’s Campaign Finance Ruling Means for Democrats

One possible, overlooked implication of the Supreme Court’s finance ruling would be giving political parties an advantage over PACs when it comes to political spending.

“This is Citizens United 2.0,” Representative Greg Casar said Tuesday about the Supreme Court’s ruling allowing political party campaign committees to coordinate directly with campaigns without a cap on spending. Republicans praised the decision, while Democrats issued dire warnings about the fate of democracy.

But behind the partisan divide, there’s an interesting disagreement about what, exactly, the ruling will do: Some analysts say this decision could weaken the power PACs have over elections, making political parties the dominant spending force. Unfortunately for Democrats, though, the decision will probably heighten a fundraising advantage Republicans already have this year.

Then-Senator JD Vance, then-Representative Steve Chabot, the National Republican Senatorial Committee, or NRSC, and the National Republican Congressional Committee, or NRCC, first brought National Republican Senatorial Committee v. Federal Election Commission to federal court in 2022. They argued that the court should overrule its 2001 decision restricting the amount of money political parties can spend in coordination with candidates—particularly via committees like the Democratic National Committee, Republican National Committee, or House and Senate campaign committees. The petitioners argued that these limits violated the First Amendment.

Due to Tuesday’s ruling in favor of Vance and his associates, political parties can now both coordinate with candidates and raise unlimited funds—giving them an advantage over PACs, which can raise unlimited funds but cannot coordinate directly with candidates.

Super PACs have become a dominant force in campaign spending since 2010, when the Supreme Court struck down caps on independent spending by corporations in Citizens United. That decision gave corporations immense power to influence elections, but with the important caveat that super PACs aren’t able to coordinate with campaigns. (Campaigns have found creative ways to get around this, namely by putting “red boxes” on their websites that instruct PACs how to spend their money without directly communicating with them.) Super PACs will remain important forces in elections. But after Tuesday’s decision, political parties may once again have an advantage over super PACs.

Democrats are concerned about both the short- and long-term impacts of the decision. In the short term, they say, this could deal a blow to vulnerable House and Senate candidates, since the RNC has a major fundraising advantage over the DNC. At the end of May, the RNC reported its highest-ever cash-on-hand total, $125 million. In comparison, the DNC had just $14.4 million on hand and was $18 million in debt.

On the Senate side, candidates in competitive races like Mary Peltola in Alaska and Sherrod Brown in Ohio may face better-funded opponents this fall. The Democratic Congressional Campaign Committee’s “frontline” candidates, incumbents running in swing districts, could face a similar challenge from their Republican opponents. The ruling could throw a wrench into the Democratic Party’s confidence that they will be able to retake the House, and perhaps the Senate, this fall.

In a statement, Democratic Senatorial Campaign Committee, or DSCC, Chair Kirsten Gillibrand, Democratic Congressional Campaign Committee, or DCCC, Chair Suzan DelBene, and DNC Chair Ken Martin downplayed the threat to Democratic candidates. “In November, voters will reject Republicans’ toxic agenda and efforts to rig the system and weaken our democracy by electing a Democratic House and Senate majority,” they wrote.

In the long term, Democrats say the ruling will make elections more corrupt and flooded with dark money. Casar called the decision an example of the “hyperpartisan donor-purchased Supreme Court” reversing one of the landmark campaign finance wins of the post-Watergate era. “It’s essentially legalizing corruption in our political system,” he said.

Senator Sheldon Whitehouse, the ranking member of the Senate Judiciary Subcommittee on Federal Courts, had a similar view. “Republicans would get laughed out of Congress if they tried to repeal the few remaining guardrails against dark money and special interest influence,” he wrote in a statement. “So instead, Republicans run to their captured Supreme Court to do the democracy-damaging work for them.”

The Bill That Pits House Against Senate Against Big Tech

The KIDS Act passed the House. But some worry differences between the House and Senate version could be exploited by tech companies.

On Monday night, the House passed a weaker version of the Senate’s Kids Online Safety Act, or KOSA, aimed at regulating the tech industry and protecting children online. Whether this is a good thing or not depends on whom you ask.

House leaders have taken four years to reach a compromise on their own version of KOSA, which the Senate passed in 2022. The House version, called the Kids Internet and Digital Safety, or KIDS, Act, passed by 267–117 on Monday night.

Representative Frank Pallone Jr., the Democratic co-sponsor of the KIDS Act, lauded it as an example of bipartisan cooperation last week. “This agreement proves Congress can come together to deliver real online protections for our nation’s young people,” he said in a statement.

But Senate Democrats have suggested that they won’t advance the House version. “We’re not going to go with........

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