On Thursday, a majority of the full U.S. Court of Appeals for the Sixth Circuit sitting en banc practically begged the U.S. Supreme Court to upend campaign finance law yet again by allowing coordinated campaign expenditures. For the majority, Judge Jeff Sutton first explained what’s going on: At issue is whether the Federal Election Campaign Act’s limits on coordinated campaign expenditures, which restrict political parties from spending money on campaign advertising with input from the party’s candidate for office, violate the First Amendment. In 2001, the Supreme Court held that they do not. FEC v. Colo. Republican Fed. Campaign Comm., 533 U.S. 431, 465. In this action, the plaintiffs argue that the law and facts have changed since 2001, making the Colorado decision no longer binding on lower courts.
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