Dec 27, 2003
SUNSTEIN ON CAMPAIGN FINANCE REFORM
Cass
Sunstein is calling the Supreme Court's approval of the new campaign finance reform law,"a surprising endorsement of congressional authority."
I couldn't agree more. Considering the text of the First Amendment ("Congress shall make no law..."), I'd say that the Court's approval of a federal law sharply regulating political speech prior to an election is surprising, at the very least.
The only difference between Sunstein and me is that I wouldn't dare call myself pleasantly surprised by an emerging trend of judicial deference to" congressional authority" in this arena.