Supreme Court of the United States

McConnell, United States Senator v. Federal Election Commission — Kennedy, J., Concurring

December 10, 2003540 U.S. 93

Summary

Justice Kennedy concurred in the judgment in part, agreeing to uphold BCRA §323(e), §202, and §213, but dissented in part regarding Titles I and II. He argued the Bipartisan Campaign Reform Act violates the First Amendment by expanding the anticorruption interest beyond quid pro quo corruption to mere influence. He would overrule Austin v. Michigan Chamber of Commerce. Justice Rehnquist and Justice Thomas also dissented from key provisions.