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Scalia’s Looming Fiasco: Obscure New SCOTUS Case May Be Worse Than Citizens United


Sometime in the next three months – perhaps as early as next week – the Supreme Court will issue its next big campaign finance decision, a ruling that reformers worry will further open floodgates of one-percenter campaign cash. The case, McCutcheon v. Federal Election Commission, concerns a challenge by the RNC and conservative CEO Shaun McCutcheon to the federal laws restricting how much one person can donate to candidates and party committees each cycle.

“Really what’s at stake here is whether there’s just a few hundred or a few thousand people who can dominate the entire election process in the U.S.,” warned attorney Adam Lioz, a counsel for the progressive think tank Demos and co-author of the amicus brief filed by groups including the NAACP, the Sierra Club and the American Federation of Teachers. In a Monday interview, Lioz responded to arguments from Mitch McConnell, Antonin Scalia and First Amendment attorney Floyd Abrams; discussed why neither side is satisfied with a 1976 precedent; and argued the legitimacy of America’s political process was under threat. A condensed version of our conversation follows.

Read the interview.