1st Amendment
Some Responses on McCutcheon and Campaign Finance Legislation
Michael Perry writes: I share your originalist misgivings about the plurality and Thomas opinions inย McCutcheon. However, a reader of yourย most recent post on the mattermight conclude that you have bought into the “expected applications” version of...McCutcheon v. FEC and the Silence of the Originalists
The Supreme Court’s decision yesterday inย McCutcheon v. FECย (invalidating aggregate campaign contribution limits under the First Amendment) has little of originalist interest. ย Chief Justice Roberts’ plurality (for himself and Justices Scalia, Kennedy and...