How Big Is the High Court’s Campaign Finance Decision? Quinn Emanuel’s Andy Schapiro Explains

In a keenly anticipated decision on Tuesday, the U.S. Supreme Court dramatically lifted federal limits on spending by political parties. The 6-3 decision by the high court's conservatives, which held that the caps violated the First Amendment right to free speech, tossed out a quarter-century precedent enshrining those limits as a way to guard against corruption of the political process.

Quinn Emanuel partner Andy Schapiro joined host June Grasso on her Bloomberg Law radio show to explain the context and impact of the decision.

Grasso set up the interview by noting that Justice Brett Kavanaugh, writing for the majority, said the court’s ruling will let parties engage more freely in politics and coordinate better with their candidates. In dissent, Justice Elena Kagan said the decision opened the door to quid pro quo spending by empowering a party to help campaigns and donors give more than $500,000, effectively to cover a candidate's bills.  

In their conversation, Schapiro told Grasso the decision is important for two reasons. Broadly, he called it a “step in the evolution of the way the Roberts court looks at campaign finance cases” and “part of a pattern over the last 15 or 20 years.” Practically speaking, Schapiro said, it’s obviously a “much bigger bang for the buck that a donor might get than just $7,000,” the longstanding cap.

In other words, something of a game changer.

Andy, who over three decades has secured precedent-setting victories for major companies and individuals in trials and appeals, went on to explain how Justice Kavanaugh framed the case as a classic test of the balance of interests. Here, the majority pitted the interest Congress has in addressing political corruption against the interest of people or organizations to pay to express their views or support a candidate.

Andy speaks to the evolution of the law, including the Citizens United bombshell of 2010, and explains why Tuesday’s opinion is likely to favor Republicans, at least in the short term.

Listen to the full interview here.