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Note: On July 25, U.S. Reps. Chris Van Hollen (D-Md.) and David Price (D-N.C.) submitted an amicus curiae, or "friend-of-the-court," brief to the U.S. Supreme Court in defense of the Federal Election Commission in this case. Public Citizen Attorney Scott Nelson and former U.S. Solicitor General Seth Waxman are leading their team of attorneys.
McCutcheon v. Federal Election Commission (FEC), a case whose impact on our political system could be as damaging as Citizens United, is headed for the U.S. Supreme Court this fall, and it could dramatically boost the corrupting influence of the wealthy over candidates in federal elections.
In the case, the justices will consider whether to eliminate the limit on the total sum that people can give directly to candidates and political parties in a single election. The current overall limit for an individual making direct contributions to parties, political action committees (PACs) and federal candidates is $123,200 per two-year election cycle, but a win for the challengers in McCutcheon could allow total contributions above $7 million.
The case is being heard just a few years after the highly controversial Citizens United v. Federal Election Commission, in which the court gave corporations the green light to spend unlimited sums to influence elections. That decision, the biggest game-changer to date in a long-term effort by corporate interests to kill campaign finance laws, led to unprecedented spending by the wealthy and corporations in the 2010 midterm congressional elections and last year's presidential elections. It also sparked a robust movement, led in part by Public Citizen, for a constitutional amendment to overturn the decision. Depending on how the justices rule, McCutcheon could be the next game-changer.
The McCutcheon suit was brought by Alabama businessman Shaun McCutcheon and the Republican National Committee (RNC). In challenging the current law, McCutcheon says he made direct contributions to 16 federal candidates in recent elections and wanted to give the same amounts to 12 more. Those additional contributions would have put him over the aggregate limit for candidate contributions in an election cycle, which in 2012 was $46,200 to federal candidates, made up of individual contributions of no more than $2,600 (or $5,200 in a two-year election cycle comprising a primary and general election). He also says he wanted to give $25,000 to each of the three Republican national political committees, which would have put him over the $70,800 limit then in effect for party committees.
McCutcheon, together with the RNC, is claiming that these aggregate limitations violate the First Amendment and that if contributions at the current base limits of $2,600 per election for individual candidates and $32,400 a year per party committee are not enough to corrupt politicians (a standard by which the Supreme Court has judged such cases), then a larger number of contributions in those amounts also would not lead to corruption. The RNC says it would receive additional contributions from people like McCutcheon if it were not for the aggregate limits.
The challengers' argument ignores the close relationship among the political parties and their candidates, and the way they work hand-in-hand to ask for and receive donations from large contributors. Already, candidates and parties routinely form joint fundraising committees to solicit the largest contributions permitted by the aggregate limits, which are then divided up among the candidates and party committees making the ask. Without the aggregate limits, officeholders, candidates and party officials could solicit multimillion-dollar donations, to be divided up among the parties' various national and state committees and candidates, and used for their common benefit.
"Citizens United is bad enough in allowing big-money interests to spend large sums in support of candidates," said Public Citizen attorney Scott Nelson, who is representing two members of Congress as amici curiae in the case. "But at least those spenders must maintain an arm's length distance from the candidates and parties. If McCutcheon and the RNC prevail, political parties and their candidates would be able to ask for, and receive, huge donations directly from contributors, maximizing the opportunities for corrupt bargains to be struck."
Legal precedent squarely on the side of the FEC
While both this case and the 2010 Citizens United ruling involve election-related spending, the key legal principles governing the cases are very different. Citizens United addressed independent political expenditures--money spent for things like broadcast ads and fliers. These expenditures must be made without the direct cooperation or consultation of a candidate, a candidate's authorized committee or a political party. McCutcheon deals with direct contributions to candidates, political parties and PACs--that is, checks written to the candidate's campaign.
This distinction is critical to the First Amendment question the case poses. The Supreme Court has found that political expenditures are a form of free speech. But, the court said in its 1976 decision in Buckley v. Valeo, because "the transformation of contributions into political debate involves speech by someone other than the contributor," limits on contributions "entail only a marginal restriction" on speech.
"The good news here is that the court's precedents are very much on our side," Nelson said. "The Supreme Court has repeatedly said, even in Citizens United itself, that it views limits on political contributions much more favorably than limits on political spending."
In their amicus brief, Reps. Chris Van Hollen (D-Md.) and David Price (D-N.C.) argue that the fundamental question in the case is whether the allowance of larger individual contributions would create the reality or appearance of corruption--the prevention of which is a compelling government interest--and they show that previous Supreme Court decisions say the answer is yes:
In every case in which this Court has considered federal contribution limits, it has upheld those limits because they serve an interest the Court has always deemed sufficiently important to justify campaign finance regulation: preventing corruption and the appearance of corruption. Very large political contributions create both the risk that officeholders and potential officeholders will be tempted to forsake their public duties and the opportunity for corrupt bargains. They thus threaten to foster both actual corruption and, what may be just as damaging, its appearance. Buckley, 424 U.S. at 26-27; accord Citizens United, 558 U.S. at 345, 356-357.
The brief also notes that seven Supreme Court justices, including Justice Anthony Kennedy, who wrote the Citizens United decision, voted to uphold the federal ban on soliciting large contributions in McConnell v. Federal Election Commission:
As this Court recognized in McConnell, the prospect of candidates soliciting and receiving multi-million dollar checks from donors creates both the risk of corruption and the appearance of corruption. To be sure, these funds might not all be expended directly on the candidate's own campaign. But this Court has not required a direct financial benefit to the candidate's own campaign committee to recognize the potential for corruption or its appearance when a contributor makes a large donation at a candidate's request. It is enough that the contribution benefits the party and its candidates, directly satisfying the request. Thus, in McConnell, seven Justices held that solicitation of very large contributions for national parties presented corruption concerns regardless of how those contributions were ultimately used.
As Public Citizen's brief concludes: "Permitting the parties and their candidates to solicit and receive contributions of millions of dollars from individual donors would again foster the appearance that our officeholders and our government are for sale. ... This [c]ourt must not countenance, let alone bring about, that result."
Breaking down the numbers
The impact of a decision for the challengers would be extreme. The Federal Election Campaign Act's longstanding aggregate limits currently impose a cap of $123,200--more than double median household income--on the amounts individuals can contribute directly to federal candidates, political parties and PACs during a two-year election cycle. If the Supreme Court were to strike down the aggregate donation limit in McCutcheon, a single wealthy individual could give up to $3.6 million (70 times the median household income) to one party and all its federal candidates per election cycle. He or she could theoretically give another $3.6 million to the other party and give $5,000 each to an unlimited number of (PACs).
The $123,200 aggregate donation limit is a combination of a $48,600 limit on contributions to federal candidates and a $74,600 limit on gifts to all PACs and parties.
An individual now may give up to $48,600 to federal candidates during the upcoming election cycle, but may give only up to $5,200 per election cycle ($2,600 during the primary and $2,600 during the general election) each to an individual federal candidate. Similarly, within the $74,600 overall limit on contributions to parties and PACs, an individual can give no more than $5,000 per year to any one PAC, $10,000 per year to any one state party committee, and $32,400 per year to any national party committee (of which each of the major parties has three: its national committee and its congressional and senatorial campaign committees). Most of these limits are adjusted for inflation between election cycles. A victory for McCutcheon would maintain the current limits on how much an individual may give to each candidate, party and PAC, but it would remove aggregate limits on how many of those donations one can make.
Without the limits, an individual could give $32,400 to each national party committee each year. For a person who gave only to one party, that would be $97,200 a year (between the party's national committee and its congressional and senatorial committees), or $194,400 over two years, compared to the maximum of $74,600 that you could give to all party committees and PACs in a two-year period now. The same contributor could, on top of that, give $10,000 to each of the party's state party committees each year, for another million dollars over a two-year period, and $5,200 to each of the party's federal candidates, another $2,438,800, for a grand total of over $3.6 million. The same contributor could also give the same amount to the other party, plus $5,000 each to an unlimited number of PACs.
The public opposes the corrupting influence of corporations and the wealthy in politics
A relatively small number of people use contributions to maximize their leverage over elected officials. All told, around 1,700 donors gave the maximum permitted amount to committees of the major parties in the 2012 election cycle, accounting for more than $100 million in contributions. Almost 600 reached the aggregate limit on contributions to federal candidates.
Many more people oppose the corrupting influence of large donors on our government. A February 2013 YouGov poll found 44 percent of Americans think the 2012 election cycle's aggregate limit of $46,200--raised to $48,600 this cycle--to federal candidates was already too high. Eighteen percent think it was just right, and just 12 percent think there should be no limit.
A 2012 Brennan Center for Justice survey found that 69 percent of respondents disapproved of the Citizens United decision, making it one of the most unpopular Supreme Court decisions in history.
Before the Citizens United decision, the idea of money equaling speech was largely supported by public opinion, by a margin of 56-37 percent, according to 2009 polling by Gallup and the First Amendment Center. Once Americans got to see the effects big money had on politics, there was a huge shift in public opinion. Polling done by YouGov in 2013 shows that Americans now overwhelmingly reject the notion that money is equivalent to speech, by a margin of 55 to 23 percent.
Accordingly, public confidence in the Supreme Court has dropped significantly, with a recent Rasmussen poll finding only 28 percent of Americans have a favorable view of the court.
Both the court's precedents and a proper concern for the court's legacy and legitimacy point to only one outcome: a decision upholding the aggregate contribution limits as a bulwark against corruption.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
(202) 588-1000"We must end any form of political violence—and reject those who try to exploit it," one Democratic congresswoman asserted.
Senior Trump administration officials on Monday made fresh threats to crack down on a nonexistent left-wing "domestic terror movement" following last week's assassination of Charlie Kirk—a move that critics called an attempt to exploit the far-right firebrand's murder to advance an authoritarian agenda targeting nonviolent opposition.
Even as investigators work to determine the motive of Kirk's killer, members of Trump's inner circle and supporters have amplified an unfounded narrative of a coordinated leftist movement targeting conservatives.
According to The New York Times:
On Monday, two senior administration officials, who spoke anonymously to describe the internal planning, said that Cabinet secretaries and federal department heads were working to identify organizations that funded or supported violence against conservatives. The goal, they said, was to categorize left-wing activity that led to violence as domestic terrorism, an escalation that critics said could lay the groundwork for crushing anti-conservative dissent more broadly.
Appearing on the latest episode of "The Charlie Kirk Show" podcast—which was guest hosted by US Vice President JD Vance—White House Deputy Chief of Staff Stephen Miller said that "we are going to use every resource we have at the Department of Justice, Homeland Security, and throughout this government to identify, disrupt, dismantle, and destroy these networks and make America safe again for the American people."
"It will happen, and we will do it in Charlie’s name," Miller vowed.
Vance said during the podcast that he wanted to explore “all of the ways that we’re trying to figure out how to prevent this festering violence that you see on the far left from becoming even more and more mainstream."
“You have the crazies on the far left who are saying, ‘Oh, Stephen Miller and JD Vance, they’re going to go after constitutionally protected speech,'” the vice president said. “We’re going to go after the network that foments, facilitates, and engages in violence."
Vance, who like Trump and numerous supporters claim to champion free speech, also took aim at "people who are celebrating" Kirk's killing.
Another unnamed administration official told the Times Monday that government agencies would be investigating people, including those accused of vandalizing Tesla electric vehicles and dealerships and allegedly assaulting federal immigration agents, in an effort to implicate US leftists in political violence.
Vance and Miller's threats ignored right-wing violence—which statistically outpaces left-wing attacks—including the recent assassinations of Democratic Minnesota House Speaker Melissa Hortman and her husband Mark Hortman, who were murdered in June by a right-wing masked gunman disguised as a police officer.
Investigative reporter Jason Paladino reported last week that the US Department of Justice apparently removed an academic study previously published on the National Institute for Justice's online library showing that "since 1990, far-right extremists have committed far more ideologically motivated homicides than far-left or radical Islamist extremists, including 227 events that took more than 520 lives" versus "42 ideologically motivated attacks that took 78 lives" committed by "far-left extremists."
“Militant, nationalistic, white supremacist violent extremism has increased in the United States. In fact, the number of far-right attacks continues to outpace all other types of terrorism and domestic violent extremism.”The Trump DOJ scrubbed this study from their website.
[image or embed]
— Mehdi Hasan (@mehdirhasan.bsky.social) September 12, 2025 at 6:43 PM
Responding to Miller's remarks, New Republic staff writer Greg Sargent noted on social media that "Stephen Miller was directly involved in one of the largest acts of organized domestic political violence the United States has seen in modern times, the January 6 [2021] insurrection."
Congresswoman Diana DeGette (D-Colo.) weighed in Monday on Miller's attempt to exploit Kirk's murder, writing on the social media site Bluesky that "it's never acceptable to kill someone for their political beliefs. But the Trump [administration] exploiting the shooting of Charlie Kirk to follow their authoritarian instincts and crack down on the left is incredibly disturbing."
"We must end any form of political violence—and reject those who try to exploit it," she added.
Democratic California Gov. Gavin Newsom noted Monday on social media that Miller "has already publicly labeled the Democratic Party as a terrorist organization."
"This isn’t about crime and safety," Newsom added. "It’s about dismantling our democratic institutions. We cannot allow acts of political violence to be weaponized and used to threaten tens of millions of Americans."
The progressive Working Families Party (WFP) said Monday on social media that "JD Vance and Stephen Miller want to use the horrifying murder of Charlie Kirk to target and dismantle pro-democracy groups."
"Their comments call to mind some of the darkest periods in US history," WFP continued. "They're dividing people based on what box we ticked on our voter registration."
Vance and Miller "want to stoke fear and resentment to justify their un-American crackdowns on free speech, mass abductions of working people, and military takeovers of our cities," WFP added. "This isn't going to fly. We’ve survived crises like this before as a country, and we can choose to live in a place where our political freedoms are protected, where we settle disagreements with words not weapons, and where no one has to fear losing a loved one to gun violence."
"There is no legal justification for this military strike," said one Amnesty International campaigner. "The US must be held accountable."
President Donald Trump said Monday that the US carried out a fresh strike on what he said was a boat used by Venezuelan drug gangs, killing three people in what one human rights campaigner called another "extrajudicial execution."
"This morning, on my Orders, US Military Forces conducted a SECOND Kinetic Strike against positively identified, extraordinarily violent drug trafficking cartels and narcoterrorists in the [US Southern Command] area of responsibility," Trump said on his Truth Social network. "The Strike occurred while these confirmed narcoterrorists from Venezuela were in International Waters transporting illegal narcotics (A DEADLY WEAPON POISONING AMERICANS!) headed to the US."
"These extremely violent drug trafficking cartels POSE A THREAT to US National Security, Foreign Policy, and vital US Interests," the Republican president continued. "The Strike resulted in three male terrorists killed in action. No US Forces were harmed in this Strike."
"BE WARNED—IF YOU ARE TRANSPORTING DRUGS THAT CAN KILL AMERICANS, WE ARE HUNTING YOU!" Trump added. "The illicit activities by these cartels have wrought DEVASTATING CONSEQUENCES ON AMERICAN COMMUNITIES FOR DECADES, killing millions of American Citizens. NO LONGER. Thank you for your attention to this matter!!!"
US President Trump just announced that a second drug smuggling boat from Venezuela was hit by a US airstrike in the Caribbean, killing 3 people on board the boat.#Venezuela pic.twitter.com/dO34gYr9GZ
— CNW (@ConflictsW) September 15, 2025
Responding to arguments by legal experts and Venezuelan officials that the September 2 strike was illegal, Trump said Sunday that "what's illegal are the drugs that were on the boat... and the fact that 300 million people died last year from drugs."
Only 62 million people died in the entire world of all causes last year, making Trump's claim impossibly false.
Monday's attack followed the September 2 bombing of a vessel allegedly transporting cocaine off the Venezuelan coast, a strike that killed 11 people. Venezuelan officials say none of the 11 men were members of the Tren de Aragua gang, as claimed by Trump.
On his first day back in the White House, Trump signed an executive order designating drug cartels as foreign terrorist organizations. Last month, the president reportedly signed a secret order directing the Pentagon to use military force to combat drug cartels abroad, sparking fears of renewed US aggression in a region that has endured well over 100 US attacks, invasions, occupations, and other interventions since the issuance of the dubious Monroe Doctrine in 1823.
The Intercept's Nick Turse reported Monday that the Trump administration's recently rebranded Department of War "is thwarting congressional oversight" of the September 2 attack.
“I’m incredibly disturbed by this new reporting that the Trump administration launched multiple strikes on the boat off Venezuela,” Congresswoman Sara Jacobs (D-Calif.) said in response to Turse's reporting. “They didn’t even bother to seek congressional authorization, bragged about these killings—and teased more to come.”
Common Dreams reported last week that Congresswoman Ilhan Omar (D-Minn.) introduced a war powers resolution seeking to restrain Trump from conducting attacks in the Caribbean.
Also last week, Sen. Tim Kaine (D-Va.) led a letter signed by two dozen Democratic colleagues and Sen. Bernie Sanders (I-Vt.) asserting that the Trump administration offered "no legitimate justification" for the first boat strike.
It's not just congressional Democrats who have decried Trump's September 2 attack. Last week, Sen. Rand Paul (R-Ky.) said that "the recent drone attack on a small speedboat over 2,000 miles from our shore without identification of the occupants or the content of the boat is in no way part of a declared war, and defies our longstanding Coast Guard rules of engagement."
“What a despicable and thoughtless sentiment it is to glorify killing someone without a trial," Paul later added.
Paul also mirrored Democratic lawmakers' questioning of Trump's narrative that the boat bombed on September 2 was heading to the United States.
Echoing congressional critics, Daphne Eviatar, director of Amnesty International's Security With Human Rights program, said of Monday's attack, "Today, President Trump claimed his administration carried out another lethal strike against a boat in the Caribbean."
"This is an extrajudicial execution, which is murder," Eviatar added. "There is no legal justification for this military strike. The US must be held accountable."
"Cluster munitions are banned for a reason: Civilians, including children, account for the vast majority of casualties," said one rights advocate.
Human rights leaders on Monday called on the 112 countries that are party to a treaty banning cluster munitions to reinforce the ban and demand that other governments sign on to the agreement, as they released an annual report showing that the bombs only serve to cause civilian suffering—sometimes long after conflicts have ended.
The governance board of the International Campaign to Ban Landmines (ICBL) and the Cluster Munition Coalition (CMC) released the 16th annual Cluster Munition Monitor on Monday, compiling data on the impact of cluster munitions for 2024 and revealing that all reported cluster bomb casualties last year were civilians—and close to half, 42%, were children.
Cluster bombs are particularly dangerous to civilians because after being dropped from aircraft or fired by rockets or other weapon, they open in the air and send multiple submunitions over wide areas—often leaving unexploded bomblets that are sometimes mistaken by children for harmless toys, and can kill and injure people in populated areas for years or even decades after the initial bombing.
The report, which was released as officials prepare to convene in Geneva for the Cluster Munitions Conference, says at least 314 global casualties from cluster munitions were recorded in 202, with 193 civilians killed in attacks in Ukraine—plus 15 who were killed by unexploded munitions.
Since the Convention on Cluster Munitions was adopted in 2008, none of the 112 signatories have used cluster bombs—but countries that are not party to the convention, including Russia and Ukraine, used the munitions throughout 2024 and into this year, and the US has said it transferred cluster bombs to Ukraine at least seven times between July 2023-October 2024.
The report details recent uses of cluster bombs, the impact of which may not be known for years as civilians remain at risk from the unexploded bombs, including by Thailand—by its own apparent admission—in its border conflict with Cambodia and allegedly by Iran, which Israel claimed used cluster munitions in its attack in June. Cluster munitions have also reportedly been used in recent years in Myanmar—including at schools—and Syria.
"Governments should now act to reinforce the stigma against these indiscriminate weapons and condemn their continued use."
This year, the withdrawal of Lithuania from the Convention on Cluster Munitions—an unprecedented step—garnered condemnation from at least 47 countries. While it had never previously used or stockpiled cluster bombs, the country said it was necessary to have the option of using the munitions "to face increased regional security threats."
The casualties that continued throughout 2024 and into 2025 "demonstrate the need to clear more contaminated land and to provide more assistance to victims," said Human Rights Watch, a co-founder of CMC.
"The Convention on Cluster Munitions has over many years made significant progress in reducing the human suffering caused by cluster munitions," said Mark Hiznay, associate crisis, conflict, and arms director for HRW. "Governments should now act to reinforce the stigma against these indiscriminate weapons and condemn their continued use."
The report notes that funding cuts by donor states including the US, which under the second term of President Donald Trump has cut funding for landmine and cluster bomb clearance and aid, have left many affected countries struggling to provide services to survivors.
Children, the report notes, are often particularly in need of aid after suffering the effects of cluster munitions, as they are "more vulnerable to injury and frequently require repeated surgeries, regular prosthetic replacements as they grow, and long-term opportunities to access physical rehabilitation and psychological support."
"Without adequate care for children, complications can worsen, affecting their schooling, social interactions, mental health, and overall well-being," explained IBCL and CMC.
At the Cluster Munitions Conference taking place from September 16-19, said Anne Héry, advocacy director for the group Humanity and Inclusion, states must "reaffirm their commitment to this vital treaty."
"Cluster munitions are banned for a reason: Civilians, including children, account for the vast majority of casualties," said Héry. "Questioning the convention is unacceptable. States convening at the annual Cluster Munition Conference must reaffirm their strong attachment to the treaty and their condemnation of any use by any party."