Bloomberg BNA: `Soft Money’ Case a Test for Trump, Supreme Court
By Kenneth P. Doyle
A filing due next month in a key Supreme Court case could provide the first indication of whether the Trump administration will seek to uphold or challenge longstanding campaign finance laws that restrict unlimited “soft money” contributions to political parties (Republican Party of Louisiana v. Federal Election Commission, U.S., No. 16-865, jurisdictional statement filed 1/6/17)…
The high court also has another pending campaign finance case challenging FEC disclosure rules for political ads known as “electioneering communications,” Independence Institute v. FEC. The justices are set to consider at their private conference Feb. 17 whether to accept the Independence Institute case for a full review and oral argument.
With the death last year of Justice Antonin Scalia, the court is now evenly divided between four justices who have voted consistently to roll back campaign finance rules and four justices who have generally supported current rules. Neil Gorsuch, President Trump’s nominee to fill the Supreme Court vacancy left by Scalia’s death, has been criticized by supporters of strong campaign finance rules, who say that, like Scalia, Gorsuch is expected to continue on the path toward less regulation of money in politics.