Randall v. Sorrell

Justice Breyer and Justice Souter debate whether the per curiam decision in Buckley v. Valeo, 424 U. S. 1 (1976), forecloses any constitutional limitations on candidate expenditures. This is plainly an issue on which reasonable minds can disagree. The Buckley Court never explicitly ad*274dressed whether the pernicious effects of endless fundraising can serve as a compelling state interest that justifies expenditure limits, post, at 282 (Souter, J., dissenting), yet its silence, in light of the record before it, suggests that it implicitly treated this proposed interest insufficient, ante, at…