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government’s anti-corruption interest revolved largely around
the “hallmark of corruption,” “financial quid pro quo: dollars for
political favors,” NCPAC, 470 U.S. at 497. However, in a series
of cases culminating in McConnell, the Court expanded the
definition to include “the appearance of undue influence”
created by large donations given for the purpose of “buying
access,” 540 U.S. at 144, 148. See also FEC v. Colo.
Republican Fed. Campaign Comm., 533 U.S. 431, 441 (2001);
Nixon v. Shrink Mo. Gov’t PAC, 528 U.S. 377, 389 (2000). The
McConnell Court concluded that limiting the government’s anti-
corruption interest to preventing quid pro quo was a “crabbed
view of corruption, and particularly of the appearance of
corruption” that “ignores precedent, common sense, and the
realities of political fundraising.” 540 U.S. at 152. The Citizens
United Court retracted this view of the government’s interest,
saying that “[t]he fact that speakers may have influence over or
access to elected officials does not mean that these officials are
corrupt.” 130 S. Ct. at 910. The Court returned to its older
definition of corruption that focused on quid pro quo, saying
that “[i]ngratiation and access . . . are not corruption.” Id.
Therefore, without any evidence that independent expenditures
“lead to, or create the appearance of, quid pro quo corruption,”
and only “scant evidence” that they even ingratiate, id., the
Court concluded that independent expenditures do not corrupt
or create the appearance of corruption.
In its briefs in this case, the FEC relied heavily on
McConnell, arguing that independent expenditures by groups
like SpeechNow benefit candidates and that those candidates are
accordingly grateful to the groups and to their donors. The
FEC’s argument was that large contributions to independent
expenditure groups “lead to preferential access for donors and
undue influence over officeholders.” Appellee’s Br. in Keating
v. FEC, at 16. Whatever the merits of those arguments before
Citizens United, they plainly have no merit after Citizens United.