Nixon v. Shrink Missouri Government Pac — Breyer, J., Concurring

Summary

Justice Breyer, joined by Justice Ginsburg, concurs in the judgment, explaining that strict scrutiny's mechanical tests are unsuited for campaign finance contribution limits that balance competing First Amendment interests. He argues the Court should balance interests and defer to legislative judgments absent evidence of undue incumbent insulation, and concludes the Missouri statute does not cause disproportionate harm. Separate dissents by Justices Thomas and Kennedy argue for reconsidering or overruling Buckley v. Valeo, and Justice Stevens concurs on property rights grounds.