02.15.2013Today, during its conference, the Supreme Court will consider whether to issue certiorari on two campaign finance cases: Danielczyk v. United States and McCutcheon v FEC. In Danielczyk v. United States, which we've previously discussed here, the Court will consider whether to accept a case that challenges the constitutionality of the ban on campaign contributions by corporations in the Federal Election Campaign Act and whether restrictions or bans on the right to make campaign contributions should be reviewed under strict scrutiny, as other restrictions on political expression are, or instead under a less stringent standard. In McCutcheon v. FEC, the Court will consider whether to accept a case that challenges the constitutionality of 2 U.S.C. section 441a(a)(3)(A), which limits individual contributions to federal candidates to $46,000 over the course of a two-year election cycle (i.e. the biennial limit). If either of these cases will be accepted, that will be noted among the regular orders due out at 9:30 a.m. on Tuesday. Stay tuned.