GOP Strategy Backfires | This Could Save Democracy
Defending Democracy with Marc Elias
Democracy Docket
4.9 • 702 Ratings
🗓️ 20 December 2025
⏱️ 25 minutes
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| 0:00.0 | Last week, I argued my fifth case before the U.S. Supreme Court. |
| 0:04.5 | And as I prepared, I was surprised that I came across a conservative legal doctrine |
| 0:09.3 | that may just help us in the fight for free and fair elections. |
| 0:12.8 | In this episode, I'll walk through what I found, why I'm so excited about it, |
| 0:17.4 | and how we all need to be open to new ideas as we build a pro-democracy movement. |
| 0:21.6 | I promise you it's going to be a journey with some surprises and you won't want to miss this. |
| 0:26.6 | But first, make sure you're subscribed to Democracy Docket to stay informed about what you can do to protect democracy. |
| 0:34.6 | All right, so every year, millions of cases get filed in the federal courts. |
| 0:39.6 | A few hundred thousand of them go to the court of appeals, and about seven thousand or so seek |
| 0:44.7 | review in the U.S. Supreme Court. But here's the thing, the Supreme Court, they get to choose |
| 0:48.9 | what cases they hear. And typically, they only decide to hear oral argument in 50 to 70 of them. And so I had the |
| 0:56.3 | opportunity to argue one of those cases. It was a campaign finance case in which the Republican |
| 1:02.8 | party is trying to undo, trying to strike down a limit on big money in politics that they have |
| 1:09.3 | tried and failed to strike down before. |
| 1:11.6 | I'm not going to bore you with all of the ins and outs, but suffice to say, it is a core pillar |
| 1:16.6 | of the campaign finance laws. And as I mentioned, it has been a project of the Republican Party |
| 1:23.6 | that goes all the way back to the late 1980s to strike down this particular provision. |
| 1:29.3 | They failed in the mid-90s when the Supreme Court first heard this. |
| 1:32.8 | They failed again in 2001 when the Supreme Court ruled specifically |
| 1:36.3 | that the provision in question was constitutional. |
| 1:39.3 | But here we are in 2025, and the Republican Party is back once again trying to strike it down. And so as I prepared |
| 1:47.9 | to argue this case in the Supreme Court, I had a lot to do. You know, you got to read all of the |
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