Democrats and progressives are losing their minds over President Trump’s Supreme Court nominee, Neil Gorsuch. One left-wing advocacy group released a video titled “3 Reasons to Fear Judge Gorsuch.” Number one? According to them, if Gorsuch is on the Supreme Court, “our elections could be completely handed over to the powerful and the wealthy.”
That ludicrous statement refers to Gorsuch’s concurring opinion in Riddle v. Hickenlooper, a campaign finance case. Riddle challenged Colorado’s contribution limit law as discriminatory.
Was it ever! It allowed major party candidates to raise twice as much money as minor party candidates and independents. Progressives love to say “money isn’t speech,” but Riddle wasn’t about that. It was about equality.
The Tenth Circuit unanimously struck down the contribution limit scheme as a violation of the Fourteenth Amendment’s equal protection clause. A Republican candidate doesn’t get to raise more money from individual supporters than a Green Party candidate. The law must treat everyone the same.
In his Riddle opinion, Gorsuch writes about uncertainty in the Supreme Court‘s campaign finance precedents. His sophisticated writing shows he has thought long and hard about these issues and approaches them with principle and rigor.
“No one before us disputes that the act of contributing to political campaigns implicates a ‘basic constitutional freedom,’ one lying ‘at the foundation of a free society’ and enjoying a significant relationship to the…