Voting Blogs: Can Judicial Candidates Solicit Money? | Andrew Cohen/Brennan Center for Justice
Last week, before they convened again at oral argument to mark the start of another term, the justices of the United States Supreme Court selected for review a case that will help further define the murky relationship between state judges and those who seek to shape justice before them. In Williams-Yulee v. The Florida Bar, the Court will decide whether a state judicial canon that requires judicial candidates to seek campaign contributions through a committee, rather than directly from donors, violates that candidate’s first amendment free-speech rights. The case is interesting in its own right. The electioneering judgment employed by this particular judicial candidate was so disconcerting it’s probably a good thing for the law (not to mention the litigants of Florida) that ultimately she lost the election for which she was campaigning. But the timing of the case is interesting, too. It comes to the Court in a season of unprecedented spending on (mid-term) judicial campaigns all across the country—money unleashed upon campaigns, including judicial elections, because of the Court’s Citizens United and McCutcheon decisions.