Congressional Digest

Supreme Court Debates November 2013 No. 8 Vol. 16
Lower Court Holding in McCutcheon v. FEC

Campaign Fundraising

Constitutionality of Caps on Political Donations

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Lower Court Holding in McCutcheon v. FEC

Decision of the U.S. District Court for the District of Columbia

Plaintiffs challenge both the $46,200 aggregate limit on candidate contributions and the $70,800 aggregate limit on other contributions under the First Amendment. They challenge the $46,200 aggregate limit for being “unsupported by any cognizable government interest … at any level of review” and for being unconstitutionally low. They challenge the $70,800 aggregate limit facially, as applied to contributions up to $30,800 per calendar year to national party committees, and for being too low, both facially and as applied to contributions to national party committees. Plaintiffs also ask this Court for a preliminary injunction to enjoin Federal Election Commission (FEC) enforcement…

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