DANIEL VAUGHAN: The Court Took the Government's Hand Off Elections

By 
, July 1, 2026

On Tuesday, the Supreme Court told the government to stop capping how much a political party can spend to help its own candidate win. The vote was 6 to 3. The limits are gone, effective the moment the decision came down.

This was the second time this term the same six justices told the government to take its hand off elections. In the spring, they ended the practice of sorting voters into congressional districts by race. On Tuesday, they freed the parties to spend. Free speech and open elections, both moving the same way. The Court was right both times.

Congress capped what a party could say to its own candidate

For fifty years, federal law capped what is called coordinated spending. That is money a party spends in concert with its candidate, the two sides planning the ads and the mail together. A party could spend all it wanted on its own, as long as it kept the candidate out of the room. The moment they worked together, a limit kicked in.

Those caps ran from about $65,000 to a few million dollars, depending on the office and the state. Congress wrote them into law after Watergate, when the country wanted money in politics reined in.

Justice Brett Kavanaugh, writing for the majority, said the caps "violate the First Amendment." The Court has held since the 1970s that when the government limits what a person can spend to spread a political message, it limits the message. Fewer dollars mean fewer ads and a smaller audience. Cap the spending and you cap the speech.

These caps had beaten a Supreme Court challenge once before. In 2001, the justices looked at the same limits and let them stand. On Tuesday they reversed that ruling. The Court that upheld the caps a generation ago has a different majority now.

One of the people who filed the challenge in 2022 was a Senate candidate named JD Vance. He is now the vice president. And the federal election agency that was supposed to defend the law refused, so the Court had to appoint an outside lawyer to argue the losing side.

The caps didn't stop the money. They hid it.

When a party cannot spend freely with its own candidate, the money does not go home. It flows to super PACs, the outside groups that can raise and spend without limit as long as they stay at arm's length from the candidate. The majority pointed out that in the last presidential cycle, those outside groups raised $15.7 billion. The parties raised $2.7 billion.

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A party is the accountable actor here. Its donations are disclosed. Its name is on the ad. A super PAC can take money from donors the public never sees. Freeing the party moves money toward the side voters can actually watch.

The Republican Senate committee proved the point within hours. In a memo the Washington Reporter obtained, the committee said it is shutting down its arm's-length spending unit and moving that work inside the party, where it coordinates directly with campaigns. The money reformers say they want out of the shadows is exactly what the ruling pulls back into the open.

The fear of corruption runs thin anyway. Twenty-eight states already let parties spend without limit alongside their candidates, and after years of it, not one has turned up a documented case of corruption that the caps would have stopped. The worry was a theory. Proving it was the government's job, and the government could not.

Kagan's checking account already exists. It's called a super PAC.

Justice Elena Kagan wrote the dissent. Without the caps, she warned, a party becomes "an alternative checking account for a campaign." A donor writes the party a big check, the party pays the candidate's bills, and the donor has handed the candidate "about 80 times" what the law lets him give directly. The old this-for-that corruption comes back.

That checking account already exists. The limits on what one person can give have not moved. A donor can still give a national party only $44,300 a year for its main account, and only a few thousand dollars to a candidate directly. The rule against steering money to a named candidate through the party still stands. What changed is who holds the money: a disclosed party committee instead of a group that hides its donors. Every dodge Kagan fears has been available for years through super PACs, with less disclosure, not more.

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The politics are not even. The ruling treats the parties the same, but the benefit is lopsided right now. Republican committees out-raised Democrats this cycle, and coordinated money rewards the committee with more of it. The Democratic committees went to court to defend the very limits that bound them too, because they preferred a system built around their own outside groups.

Weak parties are how you get Gaetz and Mamdani

The bigger win here is not partisan. Starve a party of money and you do not clean up politics.

You feed the radicals.

When a party cannot fund its own people, the money and the energy flow to the insurgents and the outside groups instead. The Republican Party spent a decade learning this. It ended in 2023 with eight of its own members voting to remove their own Speaker, Kevin McCarthy, the first time in American history a Speaker was thrown out that way.

The Democrats are living their version now, and theirs is worse. Their socialist wing, from New York Mayor Zohran Mamdani on down, is toppling longtime incumbents and replacing them with people who make the establishment they beat look tame.

In June, Mamdani's candidates swept a round of primaries. The socialist who ousted a five-term congressman in New York City had called for abolishing the police and the prisons and had defended letting violent criminals stay in the country. She dressed racism against interracial couples in the language of anti-colonial theory. I wrote last week that the Democrats did not get hijacked. They nominated these people.

The two revolts are not in the same place. The Republican one has burned through the party and been absorbed. The Democratic one is still rising. But the cause is the same: a party too weak to hold its own center.

This is not just my read. Kavanaugh's opinion leans on a law professor named Richard Pildes, who argued that power draining away from party leaders toward free agents and outside groups is what breaks governing. Two political scientists, studying the money, found the same thing from the other end: loosen the limits on parties and support flows to moderate candidates; tighten them and it flows to the extremes. Even the Brennan Center, no friend of the right, has argued for stronger parties.

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None of this ends the insurgencies. A funded party can still lose to its own fringe. But a committee that can bankroll its own candidates can back a mainstream one against an insurgent and match the outside groups dollar for dollar in the primary that decides the seat. Starved of that money, the party hands the field to whoever shouts loudest and raises the most online. Strong parties are what keep a movement's fringe from capturing the whole of it.

Two rulings told the government the same thing: step back

Tuesday's ruling and the April redistricting decision are the same idea. That case struck down a Louisiana congressional map because the state had drawn a district mainly by race. It narrowed part of the 1965 Voting Rights Act, the part that lets minority voters challenge maps that dilute their vote.

The two decisions point in one direction. One says the government may not ration how much you spend to be heard. The other says it may not sort voters by the color of their skin.

I argued after that ruling that the Voting Rights Act was a remedy for a specific wrong, meant to expire when that wrong was fixed. A cure is supposed to end when the disease does. The dissent wanted the remedy to run without end. The majority read the law the way Congress wrote it.

The country built its modern campaign-finance rules in a panic after Watergate, on the theory that the way to protect democracy was to ration it. The Court has spent sixteen years taking that theory apart, one piece at a time, and Tuesday it took another. The premise under the whole project is the one now failing: that free people cannot be trusted with their own elections.

The answer to speech you dislike is more speech. The way to stop a government sorting people by race is to stop sorting people by race. On Tuesday the Court acted on both. The government's hand is coming off the scale.

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