McCutcheon v. Federal Election Commission

Docket No. 12-536

QUESTION PRESENTED:

Federal law imposes two types of limits on individual political contributions. Base limits restrict the amount an individual may contribute to a candidate committee ($2,500 per election), a national-party committee ($30,800 per calendar year), a state, local, and district party committee ($10,000 per calendar year (combined limit)), and a political-action committee ("PAC") ($5,000 per calendar year). 2 U.S.C. 441a(a)(1) (current limits provided). Biennial limits restrict the aggregate amount an individual may contribute biennially as follows: $46,200 to candidate committees; $70,800 to all other committees, of which no more than $46,200 may go to non-national-party committees (e.g., state parties and PACs). 2 U.S.C. 441a(a)(3) (current limits provided) (see Appendix at 20a (text of statute)). Appellants present five questions: 

1. Whether the biennial limit on contributions to non-candidate committees, 2 U.S.C. 441a(a)

(3)(B), is unconstitutional for lacking a constitutionally cognizable interest as applied to contributions to national-party committees. 

2. Whether the biennial limits on contributions to non-candidate committees, 2 U.S.C. 441a(a)

(3)(B), are unconstitutional facially for lacking a constitutionally cognizable interest. 

3. Whether the biennial limits on contributions to non-candidate committees are unconstitutionally too low, as applied and facially. 

4. Whether the biennial limit on contributions to candidate committees, 2 U.S. C. 441a(a)(3)

(A), is unconstitutional for lacking a constitutionally cognizable interest. 

5. Whether the biennial limit on contributions to candidate committees, 2 U.S.C. 441a(a)(3)

(A), is unconstitutionally too low.

Merit Briefs

Amicus Briefs

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