Skip to content
Search

Latest Stories

Top Stories

New longshot bid tries to persuade Supreme Court to rein in super PACs

Campaign finance spending and the courts
alfexe/Getty Images

Sixteen states, a half-dozen progressive senators and a collection of campaign finance reform experts have launched an uphill campaign to persuade the Supreme Court to close down the nation's super PACs.

They filed briefs Wednesday asking the court to consider a fresh challenge to a central aspect of campaign finance law: A federal appeals court ruling from a decade ago that ended contribution and spending limits, but not disclosure requirements, for independent political groups that want to elect or defeat candidates — thus creating super PACs.

There is no guarantee the justices will decide to take the case after it reconvenes this fall, however. And even if they do, the court's reliably conservative majority and string of precedents promoting the deregulation of campaign finance suggest that victory for reformers is a longshot.


While the court in its most famous money-in-politics case, Citizens United v FEC, said a decade ago the First Amendment means corporations, nonprofit organizations and labor unions may spend what every they like on campaigns, it has not addressed the question posed by the new case: Is it constitutional for Congress to limit contributions to political committees that make only independent expenditures? That's what super PACs do.

A common misconception is that the Citizens United ruling gave rise to super PACs. But it was actually the D.C. Circuit Court of Appeals decision the same year in SpeechNow.org v. FEC. So campaign finance advocates maintain the high court would not have to revisit and then spurn its Citizens United precedent in order to put a crimp into super PACs. They dished out more than $822 million to influence campaigns for Congress two years ago — an amount three quarters the size of the $1.1 billion candidates for the House and Senate spent in the aggregate.

"Super PACs weren't created by Congress, or the U.S. Supreme Court — they were created by a lower court decision, based on faulty assumptions, that has never been reviewed or revisited," said Ron Fein, legal director of Free Speech For People, a campaign finance reform nonprofit working on the new appeal.

The main plaintiff in the case Lieu v. FEC, is Ted Lieu, a Democratic congressman from California.

"I'm extremely skeptical that the court would take this case (because a majority would agree with the D.C. Circuit in SpeechNow was right that the limits on contributions to super PACs are unconstitutional)," professor Richard Hasen of the University of California at Irvine wrote in his Election Law blog. "And if the Court took the case, I believe it would only make campaign finance law even more deregulatory."

Although it may appear quixotic, the appeal has drawn a strong cast including four senators on the Judiciary Committee — Patrick Leahy of Vermont, Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii — and fellow Democrats Tom Udall of New Mexico and Chris Van Hollen of Maryland.

"A tsunami of special interest money is drowning out Americans' voices and corrupting our democracy," Whitehouse said. "At the center of the tidal wave are Super PACs through which corporations and billionaires run unlimited money to push their political agendas."

Of the 16 states that are part of the appeal, 10 have both governors and legislatures that are Democratic: Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, New Mexico, Rhode Island, Virginia, Washington. The rest have divided governments: Maryland, Massachusetts, Michigan, Minnesota, Pennsylvania and Vermont.

Other parties supporting the efforts include nine election law scholars, seven political scientists, three academic researchers and a former FEC commissioner.


Read More

A male senior stands in the shadow of a Social Security card with bite missing.

Social Security faces automatic cuts in 2032 and Medicare in 2033. New polling suggests that gives Democrats a powerful election issue. Here’s the case.

DNY59 / Getty Images

Will the Debt Crisis Engineered by Republicans Succeed in Cutting Social Security and Medicare?

Overview

The Republican Party’s long game to reduce administrative state entitlement spending centers on creating a debt crisis to provide an excuse for limiting such spending. It may soon pay off. That strategy involved a quarter-century of engineered tax cuts responsible for the stunning rise in sovereign U.S. debt, threatening an eventual economic crisis.

Social Security benefits are projected under current law to be automatically cut in 2032. And Medicare benefits are projected to be automatically cut in 2033. Congressional Republicans intend for those automatic cuts to occur, opposing new taxes to prevent cuts. And they are using the ballooning national debt as an excuse to also oppose new general revenue spending to prevent benefit cuts.

Keep ReadingShow less
​Chinese President Xi Jinping (L) and U.S. President Donald Trump followed by Chinese first lady Peng Liyuan and U.S. first lady Melania Trump arrive for a state dinner at the White House.

Chinese President Xi Jinping (L) and U.S. President Donald Trump followed by Chinese first lady Peng Liyuan and U.S. first lady Melania Trump arrive for a state dinner in the East Room of the White House on September 24, 2026 in Washington, DC.

Kevin Dietsch/Getty Images

When Leaders Disagree, Ceremony Plays an Important Role

When Chinese President Xi Jinping arrived at the White House on 24 September, the U.S. welcomed him with an elaborate display of ceremony. The Army Herald Trumpets sounded a fanfare, the Chinese and American national anthems were played, and the Old Guard Fife and Drum Corps performed. A military review was followed by a flyover involving a B-2 bomber and four F-22 fighter jets, according to the White House. It was an extraordinary production for two countries that still disagree on some of the most important issues in international politics.

Talks between President Donald Trump and Xi touched on trade, artificial intelligence and Taiwan. The visit was marked by warm words and some signs of cooperation, but it did not erase the fundamental competition between the United States and China. So why was all this ceremony staged? It is tempting to dismiss political pomp as mere window dressing: an expensive historical relic surrounding the serious business taking place behind closed doors. As a music historian, however, I think this misunderstands what ceremony does. Ceremony can become particularly valuable when words alone are not enough.

Keep ReadingShow less
Americans Voting in an Election

Americans Voting in an Election

Getty Images

Voting Is Not Just a Privilege It Is Every Citizens’ Responsibility

Despite the consistent determinations that US elections are secure across the country and there is virtually no evidence of non-citizens voting, in reports released as recently as September 2026; President Trump has doubled down on his claims that voter fraud is a major problem in America and on October 20th, he announced a new $25 Million Fraud Whistleblower program to be administered by the Department of Justice.

This announcement achieves a variety of the president’s goals: (i) It intentionally perpetuates the misinformation, that voter fraud is a serious problem in the United States; (ii) it undermines the trust in the voting systems, as well as in the states administering the elections; (iii) it fosters distrust amongst neighbors, who are more likely to suspect people of color and report them for a reward. This has the concomitant benefit of (iv) intimidating people who are in fear of going to the polls and (v) It gives the illusion that the federal government is prepared to give away more free money (along with the Tariff rebate checks, the Trump Accounts, the DOGE dividend, the direct payments for healthcare and the $5,000 for supporting GOP midterm candidates.)

Keep ReadingShow less
Capitol building with American flag behind it

Political Polarization and Extremism

Getty Images

Both Parties Have Forgotten How to Lose: It’s Time for Guardrails

On November 3 Americans vote in the midterm elections, and the most important question may be whether the losers accept the result. A Pew survey this summer found that just 55 percent of Americans are confident the midterms will be run fairly and accurately, down from 64 percent in 2022. The partisan detail is more revealing. Since 2024, Republican confidence has risen and Democratic confidence has fallen from 77 percent to 58 percent. Trust in the referee now depends on who holds power.

Democracy rests on a kind of sportsmanship agreement. The theologian Reinhold Niebuhr put it well: man’s capacity for justice makes democracy possible, but his inclination to injustice makes it necessary. B. R. Ambedkar, the chief architect of India’s constitution, called democracy a method of bringing revolutionary change without bloodshed. Both understood that the system works only if the losing side agrees to try again next time instead of burning down the field. Americans in both parties are forgetting how to do that.

Keep ReadingShow less