The Party’s Over: McCutcheon, Shadow Parties, and the Future of the Party System

Fishkin, Joseph & Gerken, Heather K.

Journal: Supreme Court Review

Volume: 2014

Year: 2014

Bluebook Citation: 2014 SUP. CT. REV. (2014)

Author: Heather K. Gerken: all 27 publications


Abstract

Shaun McCutcheon, the Alabama lawyer who successfully challenged a key provision of the Federal Elections Campaign Act (FECA), seems an unlikely ally of supporters of campaign-finance reform. They share neither his politics nor his lack of irony. McCutcheon, after all, supports Republican candidates by writing them checks in the amount of $1,776. Moreover, supporters of campaign-finance reform hardly want to hasten the Supreme Court’s dismantling of the FECA.

Yet McCutcheon’s suit was heralded by some as a remedy for what ails our politics. To understand this strange turn of events, one must view McCutcheon v Federal Election Commission against the deep shifts taking place in American politics. These are strange times for the two dominant political parties.

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