Supreme Court Justice Clarence Thomas before swearing in Pam Bondi as U.S. attorney general in the Oval Office at the White House on Feb. 5, 2025. (Andrew Harnik/Getty Images)
Thomas and Elias appeared at odds during oral arguments, as Thomas questioned why coordinated political spending between parties and candidates should face limits — particularly when it covers routine campaign expenses like hotels or food.
"Just so I'm clear, is there any First Amendment interest in coordinated expenditures?" Thomas asked.
Elias replied "yes," but said a party paying an individual campaign's bills was "symbolic speech" that is not fully protected and should be subject to standard contribution limits.
"I still don’t understand what you’re saying," Thomas told Elias. "If the party coordinates with the candidate and pays the bill, does that have a First Amendment protection or is it simply, as you say, a bill-paying exercise?"
"It is speech," Elias said, but he said court precedent says the bill payment "is treated as a contribution, and, therefore, though it is speech, it is subject to limit by Congress in how much can be spent on engaging in that speech."
Congress currently limits individual donations that can be made to a political candidate, and the Supreme Court has in past cases balanced allowing First Amendment-protected political donations while also allowing caps as a safeguard against outsize influence and corruption in elections.
The Supreme Court building in Washington, D.C. (AP/Jon Elswick)
The case was brought to the high court by the National Republican Senatorial Committee, the National Republican Congressional Committee, and two former Ohio Republican candidates: now–Vice President JD Vance and former Rep. Steve Chabot.
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The liberal justices leaned toward wanting to avoid further undoing campaign spending limits, which have eroded over time under Chief Justice John Roberts.
"Every time we interfere with the congressional design, we make matters worse… our tinkering causes more harm than good," said Justice Sonia Sotomayor. "Once we take off these coordinated expenditure limits, then what's left? What's left is nothing. No control whatsoever."
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/clarence-thomas-presses-dem-operative-marc-elias-about-campaign-finance-arguments