WASHINGTON — The Supreme Court’s conservative and liberal justices clashed Tuesday over campaign finance restrictions in a dispute involving candidates for elected state and local judgeships.
Five years after the court’s Citizens United ruling freed corporations and labor unions to spend as much as they want in elections for Congress and president, the court heard arguments in a case from Florida that tests whether states can prohibit judicial candidates from making personal appeals for campaign donations.
The court’s conservative justices prevailed in Citizens United by a 5-4 vote. The same ideological divide was apparent Tuesday in a case that could free judicial candidates in 30 states that elect state and local judges to ask personally for campaign contributions. In all, 39 states hold elections for judges, and some already allow personal appeals.
Chief Justice John Roberts was among those who suggested that candidates for judicial offices have a broad right to seek contributions.
“The fundamental choice was made by the state when they said we’re going to have judges elected,” Roberts said.
Several liberal justices said lawyers might have a hard time refusing to contribute when a judge personally asks for campaign cash.
Justice Anthony Kennedy has been a critical voice against campaign finance limits and restrictions on judicial candidates’ speech.
The case of Lanell Williams-Yulee of Tampa, Fla., was before the court Tuesday. Williams-Yulee received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations. A decision is expected by late June.
Her lawyer, Andrew Pincus, argued that the interest in an impartial judiciary might justify restrictions on face-to-face solicitations but not the kind of impersonal letter sent by Williams-Yulee.
Barry Richard, representing the bar, said the prohibition aims “to cut the direct link” between judges and people who might be in their court, Richard said.
“Unless it’s a thank-you note,” said Justice Antonin Scalia, a skeptic of many campaign finance laws.
