McCutcheon and Revision of Voting by Supreme Court Justices

Abstract

The central points of McCutcheon v. Federal Election Commission, a plurality (4-1-4) decision, are elucidated. No matter whether one agrees or disagrees with McCutcheon, plurality decisions are insufficient to command respect, and should be proscribed. Bare-majority (5-4) decisions, too, should be proscribed, because they are insufficient to command respect. To proscribe those types of decisions, and to do away with swing voting, this essay suggests that, for the handing down of a decision, the agreement of six justices of the United States Supreme Court with both the reasoning and the result of the majority opinion should be required. Attendant upon that requirement should be proscription of a concurring opinion by a member of the majority.