Justices Gorsuch and Barrett remain silent in Vance-linked campaign finance case

By 
 December 10, 2025

There’s a Supreme Court showdown brewing that could rewrite the rules of campaign cash just in time for the midterms, but two of the court's conservative-appointed justices refrained from giving clues about their views on the case as oral arguments unfolded. 

On Tuesday, December 9, 2025, the U.S. Supreme Court dove into NRSC v. FEC, a blockbuster case pitting Vice President JD Vance and Republican campaign committees against the Federal Election Commission over restrictive coordinated spending limits.

Back in 2022, Vance, alongside the National Republican Senatorial Committee, the National Republican Congressional Committee, and then-Rep. Steve Chabot of Ohio challenged the Federal Election Campaign Act of 1971, arguing its caps on party-candidate coordination are outdated. These limits, ranging from $60,000 to a hefty $4 million depending on the race, are under fire as super PACs run wild with unlimited funds. It’s no secret that conservatives see this as a chance to level a playing field tilted by outside money.

Conservative justices show mixed signals

During oral arguments, conservative heavyweights Justices Samuel Alito and Clarence Thomas seemed ready to toss these limits into the dustbin of history. Meanwhile, Chief Justice John Roberts threw tough questions at both sides, keeping everyone guessing.

Justice Brett Kavanaugh, however, raised eyebrows with concerns about potential “quid pro quo” deals if the caps vanish. He warned, “You’re not going to want that cited back to you in a couple of years,” signaling skepticism about unchecked coordination (Justice Brett Kavanaugh). That’s a polite jab at the idea that money doesn’t always whisper—it sometimes screams.

The liberal justices, predictably, fretted over dismantling these barriers. Justice Elena Kagan noted, “The super PAC can’t be coordinated. And these party expenditures can be coordinated so they’re more helpful to the candidate” (Justice Elena Kagan). Her point stings, but let’s be real—super PACs already drown out party influence with their bottomless wallets.

Gorsuch and Barrett’s eerie silence

Most puzzling of all, conservative Justices Neil Gorsuch and Amy Coney Barrett barely uttered a peep during the arguments. Barrett tossed out a single question about whether the Republican and Democratic National Committees were truly aligned on this issue, then zipped it. Gorsuch, known for quiet spells in big cases, kept his cards close to the chest yet again.

This silence leaves conservatives biting their nails—will these justices back a freer system, or are they mulling a curveball? It’s a gamble when two key votes play sphinx in a case this massive.

On the flip side, the liberal bloc’s unease is no shocker, as they often guard against anything smelling of loosened financial reins. Their concerns about corruption aren’t baseless, but one wonders if they’ve noticed how super PACs already sidestep these so-called protections.

Party power versus super PACs

Proponents of scrapping the limits argue that political parties are getting kneecapped while super PACs feast on unlimited donations. Candidates can’t coordinate with super PACs, but parties could be a lifeline if unshackled—why not let them fight fire with fire?

Official Republican campaign arms are all-in on removing these restrictions, while their Democratic counterparts sit this one out. It’s telling that one side sees a chance to rebuild party strength, while the other clings to a system many view as broken.

Attorney Roman Martinez, defending the limits, threw a wrench by questioning Vance’s standing, arguing, “President Vance has repeatedly denied having any concrete plan to run for office in 2028” (Roman Martinez). If Vance’s claim is moot, does this case even belong here? That’s a legal dodge worth watching.

Decision looms with high stakes

A ruling isn’t expected until mid-2025, leaving plenty of time for speculation to simmer. Will this be another Citizens United, reshaping how campaigns are funded, or a dud that keeps the status quo?

Either way, the debate over coordinated spending cuts goes to the heart of how power flows in politics. If parties can’t match super PAC muscle, are they doomed to be mere spectators in their own game?

For now, all eyes are on a court where silence from key justices speaks louder than arguments. This isn’t just about dollars—it’s about who gets to steer the ship in American elections. Let’s hope the decision prioritizes fairness over bureaucracy.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson