On February 28, the Supreme Court will hear oral arguments in Randall v. Sorrell, a First Amendment challenge to Vermont's aggressive campaign finance law. Last Thursday, HLS students were treated to a preview of the case, in a moot court sponsored by the Supreme Court Advocacy Project, a joint collaboration of Dean Kagan, The Federalist Society, and the American Constitution Society.
James Bopp, General Counsel for the James Madison Center for Free Speech, who will be representing petitioners in front of the Court, presented an oral argument challenging the Vermont statute. Bopp appeared before a distinguished panel of judges: Professor Rick Pildes of NYU who is visiting at HLS this semester; Benjamin Ginsburg, National Counsel for the Bush Campaign in 2000 and 2004, and partner at Patton Boggs; Professor Frederick Schauer, a First Amendment expert at the Kennedy School; and Professor Brad Smith, former Commissioner and Chairman of the Federal Election Commission.
The case presents fundamental questions about how courts should balance First Amendment rights against the need to prevent corruption in the political process. The Vermont law includes strict limits on campaign contributions and expenditures. The expenditure limits are particularly controversial given the Court's 1976 decision in Buckley v. Valeo, which drew a distinction between contributions and expenditures, holding the latter to a stricter standard of review.