How SCOTUS Campaign Finance Rulings 'Distorted' US Democracy

With the pending confirmation of Supreme Court nominee Neil Gorsuch shaping up to be a referendum on the role of money in politics, a new study published on Tuesday highlights the actual impact of campaign finance rulings on the 2016 election.

Published by public policy organization Demos, Court Cash: 2016 Election Money Resulting Directly from Supreme Court Rulings quantifies for the first time the direct impact of the Supreme Court’s four most significant money-in-politics cases, using the highly competitive presidential race, as well as the 22 congressional races won by 5 percentage points or fewer, as the study’s focal point.

According to the report, the Supreme Court’s rulings in Buckley v. Valeo (1976), Colorado Republican Federal Campaign Committee v. FEC (1996)and Citizens United v. FEC (2010) led to more than $1.3 billion in spending on the 2016 presidential election, which is equivalent to 49 percent of the total cost.

The same rulings led to 77 percent, or $649 million, of spending in competitive congressional races.

“In addition,” the study notes, “2014’s McCutcheon v. FEC allowed 1724 wealthy donors to contribute $274 million in ‘McCutcheon Money’ in 2016—money that went beyond what would have been permitted by the previous ‘aggregate’ contribution limit. The average contribution from these elite donors was more than five times the median annual household income in the U.S.”

Lead author Adam Lioz, counsel with Demos’ Policy and Outreach, wrote Tuesday that the study “demonstrates the profound impact of four decades of flawed Supreme Court rulings on the role of money in American politics.”

“By striking basic protections against big money dominating our elections,” he continued, “the Supreme Court has shifted the balance of power towards the wealthy and special interests and away from ordinary Americans.”

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