Must read National Review analysis. If the Court hears Free Speech, and answers the question as it did in MCFL, the investigatory lever is neutralized: Any gang gunning for groups like Crossroads will have to allege quid pro quo corruption by alleging “coordination” with candidates.
But if the Court fails to hear Free Speech, or hears it and allows political-committee investigations to go forward against noncorrupting groups that report fully the costs of their independent expenditures and electioneering communications, rest assured the investigations will continue until Citizens United shrinks, silence ensues, and the regulatory state can scarcely be seen as an instrument of We, the People.