Yeah - if it comes to that, McCain-Feingold was upheld in the McConnell v. FEC decision, with a 5-4 majority including Sandra Day OConnor. SCOTUS could overturn campaign finance reform as a violation of 1A, and abolish the FEC. That woulda been the best outcome of the trial of Dinesh DSouza (I say that with full understanding of the pressure Mr. DSouza was under to cut a deal). But the trouble is, lacking that precedent Congress is gonna make the decision - without reference to any court.