Senate Minority Leader Mitch McConnell urged the Supreme Court in a friend-of-the-court brief to use Cruz's case as a vehicle to scrap the entire 2002 campaign finance law.
The Supreme Court on Wednesday grappled with a bid by Republican Senator Ted Cruz of Texas tothat caps the amount of money a candidate can be repaid for personal loans made to their campaign.
The Cruz campaign admitted the"sole and exclusive motivation" behind the 2018 loan and subsequent timing of the reimbursement from the campaign was to pursue a legal challenge to the law, according to court filings from the FEC. The Texas Republican's campaign mounted that court fight in April 2019, arguing the loan-repayment limit violates the First Amendment.
"Once the election is over, it is less likely that the donor is giving money to fund speech or to help the favored candidate win, and more likely that she is giving money because of an expectation of special favors or a fear of retaliation," the Justice Department, which argued on behalf of the FEC, told the court in a filing.
Kavanaugh also asked Malcolm Stewart, deputy solicitor general, why the $2,900 limit on individual contributions was not"sufficient" to addressing the government's anti-corruption concerns, given that any reimbursement from the campaign is related to"a loan, not a gift." Justice Elena Kagan told Charles Cooper, who argued on behalf of Cruz, that what"jumps off the page" is campaign funders finding a way to funnel money back into a candidate's pocket.
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